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Madras High Court Decides Second Appeal in Property Dispute among Legal Heirs under Section 100 CPC. First Appellate Court's Reversal of Trial Court's Decree Questioned on Substantial Questions of Law.

High Court: Madras High Court Bench: Principal
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2026-07-25 20:28:47
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Issue of Consideration

S.A. No.1019 of 2002

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Case Details

2026 LawText (MAD) (07) 53

S.A. No.1019 of 2002

2026-07-14

R. Sakthivel

2026:MHC:2806

S. Arjun for Kandavadivel Doraisami (Appellant); V. Srimathi (Respondents 1-4,6,8-10); No appearance for Respondent 7

Viswanathan

Sivaji, Manoharan, Markandan, Paramathma, Pitchandi (deceased), Unnamalai, Unnamalai alias Gejjiammal, P. Deepa, Minor Mouneshwaran, Minor Dharshan

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Remedy Sought

To set aside the Judgment and Decree dated February 28, 2001 in A.S. No.50 of 2000 passed by the Principal District Judge, Krishnagiri, and restore the Judgment and Decree dated June 30, 2000 in O.S. No.326 of 1996 passed by the District Munsif-cum-Judicial Magistrate, Uthangarai.

Filing Reason

Aggrieved by the First Appellate Court's reversal of the Trial Court's decree.

Previous Decisions

Trial Court (O.S. No.326 of 1996) decreed in favour of the plaintiff/appellant. First Appellate Court (A.S. No.50 of 2000) reversed the Trial Court's decree.

Procedural History

Original Suit (O.S. No.326 of 1996) filed before the District Munsif-cum-Judicial Magistrate, Uthangarai, and decreed on June 30, 2000. First Appeal (A.S. No.50 of 2000) filed before the Principal District Judge, Krishnagiri, which reversed the Trial Court's decree on February 28, 2001. Second Appeal (S.A. No.1019 of 2002) preferred before the High Court of Judicature at Madras under Section 100 of the Code of Civil Procedure, 1908. On March 26, 2026, the Second Appeal was reserved for judgment, and final judgment was delivered on July 14, 2026.

Acts & Sections

  • Code of Civil Procedure, 1908: Section 100
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Second Appeal Section 100 CPC Property Dispute Family Succession Reversal of Decree Madras High Court

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