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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Venkatesan – Appellant
Versus
Marimuthu – Respondent
| Table of Content |
|---|
| 1. summary of suit history and lower court decisions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. limits of section 100 cpc second appeal jurisdiction. (Para 6 , 7 , 8) |
| 3. plaintiffs' claim vs. defendants' denial over disputed well. (Para 10 , 11 , 12 , 13 , 14) |
| 4. documentary evidence and commissioner report contradict plaintiffs. (Para 15 , 16 , 17) |
| 5. no substantial question of law; appeal dismissed. (Para 18 , 19 , 20) |
JUDGMENT :
K. Murali Shankar, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.13 of 2022 dated 04.11.2025 on the file of the Subordinate Court, Vedasandur, confirming the judgment and decree passed in O.S.No.20 of 2007 dated 04.01.2020 on the file of the Principal District Munsif Court, Vedasandur.
2. The appellants are the plaintiffs. They filed the suit in O.S.No.20 of 2007 before the Principal District Munsif Court, Vedasandur, claiming the reliefs to declare that the suit properties are exclusively belonging to them and for permanent injunction restraining the respondents / defendants and their men from in any manner interfering with the appellants / plaintiffs' peaceful possession and enjoyment of the suit properties.
3. The respondent
High Court in second appeal under Section 100 CPC cannot re-appreciate evidence absent substantial question of law.
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.
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.
Where plaintiff fails to conclusively prove defendant-caused damage and continuous use of disputed amenities, mandatory injunction for restoration cannot be granted.
The High Court cannot re-evaluate findings of facts from lower courts without a substantial question of law, affirming the plaintiffs' ownership claims based on valid evidence.
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