R. NAGARAJ (DEAD) Vs. RAJMANI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and decree dtd. 17/2/2020 passed by the High Court of Judicature at Madras(Hereinafter referred to as "the High Court") in Second Appeal No.406 of 1998. By the impugned judgment, the High Court allowed the second appeal, thereby setting aside the judgment and decree passed by the Courts below, and remitting the matter to the trial Court for framing additional issues in respect of limitation. The trial Court was further directed to conduct the trial afresh on the aspect of whether the suit was barred by limitation, and to complete it within a period of six months.

(3.) The genesis of the litigation traces back to a joint Hindu family consisting of Rangappa Gowdar and his sons, Dasappa Gowdar and Samiappan. Originally, the suit bearing O.S.No.851 of 1965(Hereinafter referred to as "the first suit") had been filed by the wife and daughter of the said Samiappan viz., Sunderammal and Vennila, who are Respondent Nos.6 and 7 herein, seeking maintenance against the said Samiappan and his father Rangappa Gowdar and brother Dasappa Gowdar. The suit came to be decreed on 26/8/1965 and the suit properties were attached for the maintenance amount in the execution proceedings initiated by the plaintiffs. During the pendency of the execution proceedings, the said Rangappa Gowdar and Dasappa Gowdar died and their legal heirs were brought on record. Through court auction, the suit 'A' schedule property was purchased by one Karivarada Gowdar and the sale was confirmed by issuing certificate dtd. 25/9/1970 in E.P.No.424 of 1969 in O.S.No.851 of 1965 by the Court of District Munsif, Coimbatore. Since the said Samiappan tried to encroach the suit 'A' schedule property, the said Karivarada Gowdar filed a suit viz., O.S.No.1978 of 1972 for permanent injunction and the same came to be decreed on 11/6/1973. Subsequently, the suit 'A' schedule property was purchased by Respondent Nos.8 to 10 from the said Karivarada Gowdar and they also filed a suit in O.S.No.3390 of 1981 seeking permanent injunction, which came to be decreed on 24/7/1982. Thereafter, the suit 'A' schedule property was purchased by Respondent No.11 and later-on, by Appellant Nos.1 and 2.