G.Dakshinamoorthy v. K.Venugopal

CMP No.26491 of 2024 in SA Sr No.137245 of 2024 S.SOUNTHAR, J.

This petition has been filed to grant leave to the petitioners to file the present second appeal, challenging the judgment and decree dated 30.11.2021 passed by the first appellate court in A.S.No.46 of 2018 on the file of Additional Subordinate Judge, Ponneri.

2. The first appellate court granted decree for declaration of title in favour of the first respondent herein/1st plaintiff. The first respondent is the contesting party and he is represented by his counsel. Hence, this civil miscellaneous petition is taken up for hearing.

3. It is seen from the averments contained in the affidavit filed in support of the petition that the first petitioner purchased the suit property on 04.06.2007, even prior to filing of the original suit in the year 2010. It is further stated that during pendency of the suit, the first petitioner settled a portion of the suit property in favour of his brother Sri Ramulu on 09.05.2017, who in turn settled the same in favour of his daughter, the 2nd petitioner herein on 31.07.2017.

4. Since the first petitioner purchased the suit property even prior to filing of the original suit in O.S.No.169 of 2010 and the 2nd petitioner got a portion of the suit property pending litigation, this court feels that the judgment and decree passed by the first appellate court, granting declaration of title and permanent injunction in favour of the plaintiffs will have a direct bearing on the right of the petitioners. Therefore, leave is granted and the petition is allowed. 10.06.2026 MST https://www.mhc.tn.gov.in/judis

MST https://www.mhc.tn.gov.in/judis