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Madras High CourtSA/74/2021dismissed

A.P.Kalpagam v. Vithyavathi

2026-01-23Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI A.P.Kalpagam Appellant(s) Vs Vithyavathi Rep.by Her Power Of Attorney, P. Kannammal Respondent(s) PRAYER To set aside the Judgment and decree in AS No.10 of 2012 on the file of Principal District Judge, Kancheepuram at Chengalpattu, dated 24.01.2020 in confirming the judgment and decree in OS No.63 of 2009 on the file of Principal Sub Judge, Chengalpattu dated 31.01.2011. For Appellant(s):

No Appearance For Respondent(s):

Mr.R.Thirugnanam For Mr.P. Deivendra

ORDER

When the mater came up for hearing on 20.01.2026 and today, there is no representation for the appellant.

2. The learned counsel for the respondent submitted that the respondent already took possession as per the judgment passed by the Courts below through E.P.No.100 of 2011 in OS.No.63 of 2009.

3. On perusal of records it is seen that the suit property was already taken possession in the presence of the Village Administrative Officer on 27.01.2015 to that effect bailiff also made an endorsement and submitted before the Executing Court. The same was also recorded by the Executing Court.

4. In view of the above, this second appeal is dismissed. No costs. 23-01-2026 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Principal District Judge, Kancheepuram at Chengalpattu

2. The Principal Sub Judge, Chengalpattu

T.V.THAMILSELVI J.

pvs 23-01-2026