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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
K.Vijayana – Appellant
Versus
G. Gunasekaran – Respondent
| Table of Content |
|---|
| 1. nature of the appeal and case origin. (Para 1 , 2 , 3) |
| 2. limitations of high court's jurisdiction. (Para 4 , 5 , 6) |
| 3. claim of ownership and adverse possession. (Para 7 , 8) |
| 4. admission of ownership by defendants. (Para 9 , 10) |
| 5. co-ownership and legal standing for claims. (Para 11 , 12 , 13 , 14) |
| 6. evidence and inferences drawn by appellate court. (Para 15 , 16) |
| 7. conclusion on substantial questions of law. (Para 17) |
| 8. final judgment. (Para 18) |
JUDGMENT :
K. MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.68 of 2024, dated 31.07.2025, on the file of IV Additional District Court, Madurai, reversing the judgment and decree passed in O.S.No.494 of 2017, dated 02.02.2024, on the file of the Subordinate Court, Thirumangalam.
2. The appellants are the defendants. The respondents/plaintiffs filed a suit in O.S.No.494 of 2017, on the file of the Subordinate Court, Thirumangalam claiming the relief of recovery of possession and for permanent injunction in respect of the suit properties.
3. Originally, the sole defendant filed a counter claim cum written statement and contested the suit. Pending suit, the sole defendant died and
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; factual findings by lower courts are upheld unless exceptional circumstances exist.
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....
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