Madras High Court
R.Krishnaveni (Died) T. ... vs S.Santhakumari on 30 April, 2026
SA(MD). No.221 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 30/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P.B. BALAJI
SA(MD). No.221 of 2026
R.Krishnaveni (Died)
T. Chandrasekaran ... Appellant
Vs
1. S.Santhakumari
S.Ramasubbu (Died).
2. S. Muralidharan,
3. S. Mukundakumari,
4. S. Gokulakumari,
5. S. Solaiarasi,
6. S. Saravanan,
7. S. Mithilakumari ... Respondents
PRAYER :- Second Appeal filed under Section 100 of Civil Procedure
Code, to set aside the judgment and decree dated 12.12.2025 passed in
A.S. No. 19 of 2021 on the file of the Learned Sub Court Sattur
confirming the judgment and decree dated 27.07.2016 passed in O.S. No.
62 of 2004 on the file of the Learned District Munsif Cum Judicial
Magistrate No.I, Court Sattur.
For appellant : Mr. M.P.Senthil,
ORDER
This Second Appeal is admitted on the following substantial questions of law:
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(i) Whether the Courts below have erred in law in dismissing the suit without considering the recitals contained in the sale deed marked as Exs.B1, B2 and A13 which clearly evidence the intention of the parties and acknowledge the existence of the superstructure in the suit schedule property even prior to the purchase made by the respondents?
ii) Have not the Courts below committed an error in law in dismissing the suit in entirety without moulding the relief as per Order VII Rule 7 of the Code of Civil Procedure completely overlooking the easemnetry rights provided under Ex.B3 and the recitals contained in the sale deeds marked as Exs.B1, B2 and A13.?
Notice to the respondent through Court as well as privately returnable by 16.06.2026. Registry is directed to call for records from the Court below.
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