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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
T.Robert Willson – Appellant
Versus
T.Sheela – Respondent
JUDGMENT :
K. Murali Shankar, J.
The Second appeal is directed against the judgment and decree made in A.S.No.5 of 2019, dated 27.09.2024 on the file of the Additional District and Sessions Court, Padmanabapuram, confirming the judgment and decree passed in O.S.No.228 of 2011, dated 05.07.2018, on the file of the Sub Court, Padmanabapuram.
2. The appellant is the defendant. The respondent/plaintiff filed a suit to declare that the suit property belongs to her and to recover the possession of the suit property from the defendant.
3.The appellant/defendant filed a written statement and contested the suit. The learned Subordinate Judge, after framing necessary issues and after full trial, passed a judgment and decree, dated 05.07.2018, decreeing the suit as prayed for, granting two months time for handing over the vacant possession of the suit property. Aggrieved by the said judgment and decree, the defendant preferred an appeal in A.S.No.5 of 2019 and the learned Additional District and Sessions Judge, Padmanabapuram, upon considering the materials available on record and on hearing the arguments of both the sides, passed the impugned judgment, dated 27.09.2024, dismissing the appeal and
The High Court's jurisdiction under Section 100 CPC is limited to substantial questions of law, not factual disputes, and dismissal of a previous suit for default does not invoke res judicata if base....
The High Court's review in appeals under Section 100 of the CPC is limited to substantial questions of law; it cannot re-assess factual findings or interfere with the first appellate court's discreti....
The High Court's jurisdiction in second appeals is limited to substantial questions of law without re-evaluating the evidentiary findings of the trial courts.
Civil Law - Recovery of khas possession - It is a settled law that entry of names in records of right does not vest any ownership over the said land and is only indicative about the possession over s....
(1) Second appeal – Question of law for consideration will not arise in abstract but in all cases will emerge from facts peculiar to that case and there cannot be a strait-jacket formula.(2) Second a....
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 central legal point established in the judgment is the application of res judicata and its conclusive effect on the title and ownership of the suit properties, based on the previous judgment in O....
Settlement deeds must respect prior court orders and creditor rights, and possession claims must consider prior judicial outcomes to uphold judicial integrity.
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