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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
A. Asalaiyammal – Appellant
Versus
P. Vellaikalai, (Died) – Respondent
JUDGMENT :
K. MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.32 of 2017 dated 17.06.2022 on the file of the Additional Subordinate Court, Dindigul, confirming the judgment and decree passed in O.S.No.189 of 2010 dated 15.02.2017 on the file of the Principal District Munsif Court, Dindigul.
2. The appellants are the plaintiffs. They filed the above suit claiming permanent injunction restraining the respondents / defendants and their men from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the suit property. The defendants filed their written statement and contested the suit.
3. For the sake of convenience and brevity, the parties hereinafter will be referred to as per their status / ranking in the trial Court.
4. The learned Principal District Munsif, Dindigul, after framing necessary issues and after full trial, passed a judgment and decree dated 15.02.2017 dismissing the suit. Aggrieved by the dismissal of the suit, the plaintiffs preferred an appeal in A.S.No.32 of 2017 and the learned Additional Subordinate Judge, Dindigul, upon considering the materials available on record and on hearing the argumen
High Court's jurisdiction under Section 100 is limited to substantial questions of law, preventing interference with concurrent factual findings unless substantial issues arise.
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 to disturb factual findings by lower courts without valid grounds.
The court's decision was based on the finding that the plaintiff had encroached on the defendant's land and failed to prove their case. The court also held that there was no substantial question of l....
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