S.Kanniappan v. N.M.Kisthappa Chettiar

C.M.P.No.21142 of 2022 in S.A.No.1697 of 2001 P.T.ASHA. J, Heard the learned counsel for the petitioner/appellant. Mr.K.Goviganesan, learned counsel takes notice for respondents 2 to 9.

2. This petition is filed seeking to permit the petitioner/appellant to raise additional grounds of appeal and substantial of law in the Second appeal.

3. The learned counsel for respondents 2 to 9 has no objection to this petition being allowed.

4. Upon hearing the submission made by the learned counsel on both sides, the following additional substantial questions of law are framed. "a) Neither the plaintiff nor his vendor ever in physical possession of the suit property i.e., Ex.A1 schedule property?. b) Is the settlement deed dated 29.12.2006 vide document No.148 of 2007 in Book No.1 at Sub Registrar of Madurantakam is not hit by Section 52 of the Transfer of Property Act?.

c) Is the above settlement deed is liable to be declared as null and void?"

5.

Accordingly, this petition is allowed. Post the second appeal on 20.12.2022.

07.12.2022 srn

P.T.ASHA. J, srn C.M.P.No.21142 of 2022 in S.A.No.1697 of 2001 07.12.2022