Maalai Thevar (Died) v. P.S.B.K.Peer Mohamadhu (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)Nos.5 & 6 of 2010 Maalai Thevar (Died)
1. Sudalaikannu
2. Muthu ... Appellants / Appellants 2 and 3/ Defendants 2 and 3 Vs.
P.S.B.K.Peer Mohamadhu (Died) ... Respondent / Respondent / Plaintiff
2. Jaffer Mohameed Kaseem Peer
3. Syed Nisha Beema (R-2 & R-3 were suo motu impleaded as LRs. of the deceased sole respondent vide order dated 17.02.2022 made in S.A.(MD)No.5 of 2010) ... Respondents 2 and 3 Prayer: Second appeal filed under Section 100 of C.P.C., to set aside the Judgment and Decree passed in A.S.No.31 of 2008 on the file of the Principal Sub Court, Tirunelveli, dated 10.07.2009 confirming the Judgment and Decree in O.S.No.853 of 2004 on the file of the Principal District Munsif Court, Tirunelveli, dated 04.04.2008.
S.A.(MD)No.6 of 2010 Maalai Thevar (Died)
1. Sudalaikannu
2. Muthu ... Appellants / Appellants 2 and 3/ Defendants 2 and 3 Vs.
Mohamedhu Abdul Kaaja ... Respondent / Respondent / Plaintiff 1/3
Prayer: Second appeal filed under Section 100 of C.P.C., to set aside the Judgment and Decree passed in A.S.No.33 of 2008 on the file of the Principal Sub Court, Tirunelveli, dated 10.07.2009 confirming the Judgment and Decree in O.S.No.851 of 2004 on the file of the Principal District Munsif Court, Tirunelveli, dated 04.04.2008.
(in both S.As.) For Appellants : Mr.R.T.Arivukumar, for Mr.S.Yasar Arafath.
For Respondents : Mr.M.P.Senthil C O M M O N J U D G M E N T These two second appeals arise out of O.S.No.851 of 2004 and O.S.No.853 of 2004 on the file of the Principal District Munsif, Tirunelveli.
2. While the plaintiffs in the suits are different, the defendants in both the suits are one and the same. The suits were filed for redemption of mortgage and for recovery of possession. The suit were valued and Court fees were paid under Sections 30, 33 and 44 of the Tamil Nadu Court-Fees And Suits Valuation Act.
3. The plaintiffs examined themselves as witnesses and mortgage deeds were also marked. The Courts below have concurrently found that the plaintiffs have title over the suit property and held that the plaintiffs are entitled not only to redeem the suit mortgages but also to obtain recovery of possession. Against the concurrent findings rendered by the Courts below, these second appeals have been filed.
4. Though they have been filed way back in the year 2009, they have not been admitted till date. I do not find any substantial question of law arising for consideration. These second appeals are dismissed. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 2/3
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1. The Principal Sub Judge, Tirunelveli.
2. The Principal District Munsif, Tirunelveli.
Copy to The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +2 CC to M/s.M.P. SENTHIL, Advocate ( SR-16827,16828[F] dated 06/04/2022 ) +1 CC to M/s.S. YASARARAFATH, Advocate ( SR-16858[F] dated 06/04/2022 ) S.A.(MD)Nos.5 & 6 of 2010 05.04.2022 RK(12/05/2022) 3P 8C 3/3