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2026 Supreme(Online)(Mad) 36110

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Murugasamy – Appellant
Versus
Palanisamy – Respondent
SA.No.210 of 2021



Advocates:
For the Appellants/Petitioners: Mr.C.Umashankar
For the Respondents: Mr.R.Rajarajan

No appeal or cross-objection lies against passing observations of a court.

Headnote:The judgment addresses the maintainability of a cross-objection against passing observations in a lower appellate court's decision under relevant civil procedure provisions. Essential facts involve a cross-objection filed challenging observations in paragraph 17 of the judgment dated 14.11.2019 in AS No.12 of 2019, which confirmed a prior decree in OS No.153 of 2013. The court determined that such observations do not constitute appealable findings. The court framed the issue as whether a cross-objection lies against mere passing observations. It relied on settled law that no appeal or cross-objection is maintainable against non-binding observations, as paragraph 17 merely noted that neither party could claim title or possession over an irrigation pond. The cross-objection is dismissed as not maintainable.

Table of Content
1. cross-objection challenges adverse observations in appellate judgment. (Para 1)
2. no appeal lies against court's passing observations. (Para 2)

ORDER

The cross objection is filed by the respondent challenging certain adverse observations made by the first appellate Court in paragraph 17 of its judgment.

2. It is settled law that no appeal or cross objection will lie against the passing observations of the Court. A perusal of Paragraph No.17 of the First Appellate Court judgement would establish, it made a passing observation that neither of the parties can claim title or possession over the suit property which is an irrigation pond. Since no appeal or cross objection will lie against the passing observation of the Court, the cross objection filed by the respondent is not maintainable and the same is dismissed.

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