Nagarajan (died) vs Thilagavath - 2026 Supreme(Mad) 2111

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 2111

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Nagarajan (died) – Appellant
Versus
Thilagavath – Respondent

Advocates Appeared:
For the Appellant : Mr.S.Surya
For the Respondents: Mr.B.Anandan

JUDGMENT :

K.MURALI SHANKAR, J.

The Second appeal is directed against the judgment and decree, dated 28.08.2024 in A.S.No.56 of 2023 on the file of the Additional Subordinate Court, Kumbakonam, confirming the judgment and decree, dated 16.08.2023 made in O.S.No.138 of 2013 on the file of the Principal District Munsif Court, Kumbakonam.

2. The appellant is the seventh defendant. The first respondent as plaintiff has filed a suit in O.S.No.138 of 2013 on the file of the Principal District Munsif, Kumbakonam, claiming permanent injunction restraining the defendants and their men from in any manner trespassing or interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

3. Pending suit, the fifth defendant was impleaded and after the death of the first defendant, the defendants 6 to 11 were impleaded.

4. Originally, the defendants 1 to 4 filed their written statement and contested the suit. The learned Principal District Munsif, Kumbakonam, after framing necessary issues and after full trial, passed the judgment and decree, dated 16.08.2023, granting the relief of permanent injunction as prayed for. Aggrieved by the said judgment and decree, the defendants 2,