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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
A. Ramya – Appellant
Versus
L. Thirunavukkarasu – Respondent
| Table of Content |
|---|
| 1. appeals against trial court's judgment and decree. (Para 2 , 18 , 19) |
| 2. details and outcomes of original suits. (Para 3 , 6) |
| 3. contested claims of possession and legitimacy of sale deed. (Para 20 , 21 , 26) |
| 4. arguments regarding abuse of process and relitigation. (Para 22 , 23 , 35) |
| 5. final judgment dismissing appeals for relitigation. (Para 30 , 31 , 39) |
JUDGMENT :
N.SATHISH KUMAR, J.
1. These three appeal suits have been preferred against two separate judgments and decree passed by the learned XVIII Additional Judge, City Civil Court, Chennai made in O.S.Nos.4642 of 2020 and 4644 of 2020, dated 16.04.2025.
2.A.S.Nos.28 and 50 of 2026 have been filed by one Ms.A.Ramya (2nd defendant in O.S.No.4642 of 2020 and the plaintiff in O.S.No.4644 of 2020) against the judgments and decrees dated 16.04.2025 in O.S.Nos.4642 and 4644 of 2020 and A.S.No.106 of 2026 has been filed by one Ms.Uma Maheshwari and two others (defendants 1, 3 and 4 in O.S.No.4642 of 2020) against O.S.No.4642 of 2020.
3.The suit in O.S.No.4642 of 2020 has been decreed for declaration, for recovery of possession and also for permanent injunction and also for past mesne profits and also for damages for the
The court upheld the principle of res judicata, confirming that relitigation of issues previously decided constitutes an abuse of the legal process.
The main legal point established in the judgment is that sale deeds executed in violation of an injunction order are void, and the doctrine of lis pendens applies to such transactions.
In partition suits, valid claims cannot be established without challenging associated settlement and sale deeds; failure to address these undermines the entitlement to partition.
The registered sale deed carries a presumption of genuineness, and the burden of proof lies on the defendants to establish it as a sham, which they failed to do.
The appellate court determined that the First Appellate Court erred in not properly evaluating the ownership evidence, resulting in incorrect distribution of property rights and affirming the Plainti....
Proper party inclusion is essential in property disputes, and claims of fraud must be substantiated by convincing evidence.
Registered partition deed between brothers under Mohammedan law creates valid title; High Court cannot re-appreciate facts absent substantial question of law in second appeal.
Hindu female's acquired property is absolute under Section 14(1); unproven mortgage claims fail against valid sale deeds and payment acknowledgment.
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