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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Thangammal – Appellant
Versus
Adaikalam – Respondent
JUDGMENT :
K.MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.47 of 2021 dated 22.09.2023 on the file of the Subordinate Court, Keeranur, confirming the judgment and decree passed in O.S.No.85 of 2008 dated 17.12.2018 on the file of the District Munsif Court, Keeranur.
2. The appellant is the plaintiff. She filed a suit in O.S.No.85 of 2008 on the file of the District Munsif Court, Keeranur, claiming permanent injunction restraining the respondents / defendants and their men from in any manner interfering with the appellant / plaintiff's peaceful possession and enjoyment of the suit properties. The first defendant and the respondents / defendants 2 to 4 filed separate 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 District Munsif, Keeranur, after framing necessary issues and after full trial, passed a judgment and decree dated 17.12.2018 dismissing the suit. Aggrieved by the dismissal of the suit, the plaintiff filed an appeal in A.S.No.47 of 2021 and the learned Subordinate Judge, Keeranur, up
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.
Injunctions cannot be granted when an adequate remedy, like specific performance, exists, in accordance with the Specific Relief Act, and High Courts must limit their appeal jurisdiction to substanti....
A suit for bare injunction is not maintainable when the plaintiff’s title is seriously disputed and a cloud is cast over ownership due to prior alienation, requiring a comprehensive suit for declarat....
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....
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