R. Sagunthala vs Palanisamy - 2025 Supreme(Mad) 5451

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 5451

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
R. Sagunthala – Appellant
Versus
Palanisamy – Respondent

Advocates Appeared:
For the Appellant : Mr. S. Parthasarathy Senior Counsel For Mr.V.S.Kesavan
For the Respondent: Mr. M. Roshan Atiq

Table of Content
1. property ownership and prior modifications. (Para 2 , 3 , 4 , 6 , 7)
2. issues framed for trial. (Para 5 , 9 , 10)
3. parties' claims regarding property rights. (Para 8 , 12 , 13)
4. substantial questions of law defined. (Para 11 , 21)
5. assessment of encroachment and property possession. (Para 18 , 19 , 20)
6. inadequate reasoning by the first appellate court. (Para 22 , 23)
7. final ruling on the appeals. (Para 24)

JUDGMENT :

P. DHANABAL, J.

These Second Appeals have been preferred as against the Common Judgment and Decrees passed by the Sub Judge, Sathyamangalam in A.S.Nos.31 and 32 of 2014 dated 15.07.2015.

2. The appellant in both the Second Appeals has filed a suit in O.S.No.134 of 2011 as against the respondent in S.A.No.975 of 2015 and respondents 1 to 4 in S.A.No.974 of 2015 for the relief of declaration and permanent injunction and the respondent in S.A.No.975 of 2015 and 1^st respondent in S.A.No.974 of 2015 has filed the suit against the appellant herein before the trial court in O.S.No.281 of 2011 for the relief of permanent injunction in respect of the suit property therein. The trial court has decreed the suit filed by the appellant [O.S.No.134 of 2011] and