Saritha,W\\O Vathaiyan, v. Rengaraj, S\\O Radhakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA C.M.S.A.No.10 of 2014 Saritha .. Appellant Vs 1.Rengaraj 2.Vethaiyan .. Respondents Prayer :

Civil Miscellaneous Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the Principal Sub Court, Mayiladuthurai, dated 27.11.2003 in unfiled CMA No..... of 2003, confirming the judgment and decree of the Additional District Munsif Court, Mayiladuthurai, dated 29.09.2003 made in E.A.No.144 of 2002 in E.P.No.85 of 2001 in RCOP No.1 of 1997.

For Appellant : Mr.S.Sounthar For R1 : Mr.A.Muthukumar For R2 : No Appearance

JUDGMENT

This Appeal is directed against the judgment and decree passed by the learned Principal Sub Court, Mayiladuthurai, dated 27.11.2003, in un-filed CMA No.....of 2003, confirming the judgment and decree of the learned Additional District Munsif Court, Mayiladuthurai, dated 29.09.2003, made in E.A.No.144 of 2002 in E.P.No.85 of 2001 in RCOP No.1 of 1997.

2. The appellant / wife of judgment debtor(second respondent herein) is facing the order of eviction passed by the learned Principal District Munsif Court, Mayiladuthurai, dated 11.02.1998 in R.C.O.P No.1 of 1997. It is also seen that the the above said order was also confirmed by the Principal Sub Court, Mayiladuthurai in R.C.A.No.13 of 1998, dated 27.10.1998, and as against that when appeal was preferred, this Court also,

vide order dated 16.10.2003, passed in C.R.P No.1986 of 1999, confirmed the same. After the said judgment and decree, the the first respondent herein/judgment holder had moved an application for execution of the eviction order in E.P.No.85 of 2001

3. It is at this stage the appellant herein/wife of judgment debtor had moved an application in E.A.No.144 of 2002 claiming independent rights over the property. This was rightly disallowed by the learned Additional District Munsif Court, Mayiladuthurai, vide judgment and decree dated 29.09.2003, and as against that, the appeal filed by the appellant herein was also dismissed by the learned Principal Sub Court, Mayiladuthurai, on 27.11.2003, without even numbering the said appeal. As against the concurrent judgments and decrees passed by the Courts below, the appellant herein has filed the present Civil Miscellaneous Second Appeal.

4. Although the learned counsel for the appellant canvassed that the the impugned judgments and decrees passed by the Courts below are bad in law, this Court, taking note of the fact that the appellant herein/wife of the judgment debtor has already suffered an order of eviction dated 11.02.1998 passed in R.C.O.P No.1 of 1997 before the learned Principal District Musif Court, Mayiladuthurai, which was also confirmed by the learned Principal Sub Court, Mayiladuthurai, vide R.C.A No.13 of 1998, dated 27.10.1998 and that this was further confirmed by this Court in C.R.P.No.1986 of 1999, dated 16.10.2003, finds that the impugned judgments and decrees passed by the Courts below do not call for interference.

5. Accordingly, for the reasons stated above, this Court finds that no question of law much less substantial question of law arises for consideration in this appeal. In fine, the Civil Miscellaneous Second Appeal is dismissed as devoid of any merit, by confirming the concurrent judgments and decrees passed by the Courts below. No Costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rkm

To

1. The Principal Subordinate Judge, Mayiladuthurai.

2. The Additional District Munsif, Mayiladuthurai.

+1cc to Mr.A.Muthukumar, Advocate, S.R.No.50335 +1cc to Mr.S.Sounthar, Advocate, S.R.No.51368 C.M.S.A.No.10 of 2004 VD(CO) CS/04/09/2019