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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
A.Chandra – Appellant
Versus
R.Bothumani – Respondent
| Table of Content |
|---|
| 1. overview of the case background. (Para 1 , 2 , 3) |
| 2. jurisdiction constraints under section 100 cpc. (Para 4 , 5) |
| 3. claim of ownership and the nature of the agreements. (Para 7 , 8 , 10 , 11 , 18) |
| 4. issues regarding maintainability of the suit. (Para 12 , 13 , 22) |
| 5. conditions under which injunctions cannot be granted. (Para 15 , 20 , 21) |
| 6. no substantial question of law established. (Para 24 , 25) |
| 7. final dismissal of the appeal. (Para 26) |
JUDGMENT :
K. Murali Shankar, J.
The Second appeal is directed against the judgment and decree made in A.S.No.79 of 2024, dated 18.09.2025 on the file of the Subordinate Court, Bodinayakanur, Theni District, confirming the judgment and decree passed in O.S.No.35 of 2004, dated 30.06.2008 on the file of the District Munsif cum Judicial Magistrate Court, Bodinayakanur.
2. The appellant is the plaintiff. She filed a suit in O.S.No.35 of 2004, on the file of the District Munsif cum Judicial Magistrate Court, Bodinayakanur, claiming permanent injunction restraining the first defendant from encumbering or alienating the suit property till the execution of the sale deed by the first defendant in favour of the plaintiff.
3.The defendants fi
Injunctions cannot be granted when an adequate remedy, like specific performance, exists, in accordance with the Specific Relief Act, and High Courts must limit their appeal jurisdiction to substanti....
The High Court's jurisdiction in second appeals is limited to substantial questions of law; factual findings by lower courts are upheld unless exceptional circumstances exist.
The High Court cannot re-assess evidence in second appeals, focusing only on substantial questions of law while confirming findings of lower courts.
The main legal point established in the judgment is the importance of establishing lawful possession and discharge of obligations in property disputes, as well as the relevance of challenging relevan....
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
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