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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
G.Karthikeyan – Appellant
Versus
Pappayee – Respondent
JUDGMENT :
K. MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.120 of 2010 dated 20.03.2025 on the file of the Additional Subordinate Court, Karur, confirming the judgment and decree passed in O.S.No.521 of 2008 dated 26.10.2010 on the file of the Principal District Munsif Court, Karur.
2. The appellant is the plaintiff. He originally filed a suit claiming permanent injunction restraining the first respondent / original defendant and her men from in any manner interfering with the appellant / plaintiff's peaceful possession and enjoyment of the suit property. Pending suit, he amended the plaint and claimed the reliefs of declaration that the suit property is belonging to him and for recovery of possession.
3. The first respondents / original defendant filed her written statement and contested the suit.
4. For the sake of convenience and brevity, the parties hereinafter will be referred to as per their status / ranking in the trial Court.
5. The learned Principal District Munsif, Karur, after framing necessary issues and after full trial, passed a judgment and decree dated 26.10.2010 dismissing the suit. Aggrieved by the dismissal of the suit
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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