Murugasamy v. Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR in SA.No.210 of 2021 Murugasamy ..Petitioner(s) Vs Palanisamy ..Respondent(s) To allow the above cross-appeal against finding and observations made in paragraph 17 of the Judgment and Decree dated 14.11.2019 passed in AS No.12 of 2019 by the Principal Sub Judge, Puducherry, which confirmed the Judgment and Decree dated 12.04.2018 passed in OS No.153 of 2013 passed by the Principal District Munsiff, Puducherry.

For Petitioner(s):

Mr.C.Umashankar For Respondent(s):

Mr.R.Rajarajan

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.

06-04-2026 2/2 Index: Yes/No Speaking/Non-speaking order VEDA To 1.The Principal Sub Judge, Puducherry.

2.The Principal District Munsiff, Puducherry.

S.SOUNTHAR, J.

VEDA in S.A.No.210 of 2021 06-04-2026 2/2