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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Sivakami Ammal – Appellant
Versus
Alagu Sundaram – Respondent
| Table of Content |
|---|
| 1. factual history of prior and current litigation (Para 1 , 2 , 3) |
| 2. appellant's arguments against res judicata and limitation (Para 5) |
| 3. respondents' arguments on prior title findings and limitation (Para 6) |
| 4. prior litigation rejected plaintiff's title and possession (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. res judicata applies due to prior title adjudication (Para 13 , 14 , 15 , 16 , 17) |
| 6. suit barred by article 58 limitation from 1996 (Para 18 , 19 , 20) |
| 7. second appeal dismissed confirming lower courts (Para 21) |
JUDGMENT
1.The plaintiff, aggrieved by concurrent findings rendered by the Trial Court as well as the First Appellate Court is before this Court by way of the present Second Appeal.
2.The Second Appeal was admitted by this Court on 30.01.2025, on the following substantial questions of law:
“(i) Whether the suit filed by the plaintiff is barred by limitation in terms of Articles 58 and 113 of the ?
(ii) Whether the suit filed by the plaintiff is barred by res-judicata due to the suit filed against third party for permanent injunction?”
3.I have heard Mr.N.Tamilmani, learned Counsel for the appellant, Mr.Veerakathiravan, learned Senior Counsel for Mr.S.Ramsundar Vija
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