M.Kanagaraj v. P.S.Suganthan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Second Appeal No.954 of 2015

1. M.Kanagaraj

2. M.Vimalanathan

3. M.Kabilanathan

4. M.Paulraj

5. Sasikala .. Appellants/Plaintiff -Vs1. P.S.Suganthan

2. Srilatha

3. A.Velu .. Respondents SECOND APPEAL filed under Section 100 of Code of Civil Procedure against the judgment and decree passed in A.S.No.167 of 2014 on the file of the II Additional Judge, City Civil Court, Chennai dated 06.04.2015 by confirming the judgment and decree passed in O.S.No.2267 of 2009 by the learned VII Assistant Judge, City Civil Court, Chennai on 28.10.2013.

For Appellant :

Mr.G.K.R.Pandian For Respondents : ...

J U D G M E N T

The learned Counsel for the appellants would submit that the Second Appeal may be dismissed as not pressed, however with the clarification that the plaintiff may file an appropriate suit for declaration of title based on adverse possession. He has also made an endorsement to that effect.

2. Recording the same, permission is granted. Accordingly, the Second Appeal is dismissed as not pressed, however, it is open to the appellants to file a suit for declaration of title, if they are entitled to as per law. No costs.

tsi Sd/- Assistant Registrar (IV) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To

1. The II Additional Judge, City Civil Court, Chennai.

2. The VII Assistant Judge, City Civil Court, Chennai.

+1 C.C. To MR.G.K.R.Pandian, Advocate in SR.NO.62395 S.A.No.954 OF 2015 SA(CO) sd : 27/11/2015 https://hcservices.ecourts.gov.in/hcservices/