STATE OF TAMIL NADU Vs. PANTHANATHAMMAL

JUDGEMENT

(1.) The State of Tamil Nadu was the Defendant in O.S. No.237 of 1995 on the file of the District Munsif Court, Madurai Taluk. The Suit was filed by the Respondents 1 to 7 herein for the relief of declaration of title and Permanent Injunction in respect of the Suit property. The Suit was decreed on 11/12/1995. Aggrieved by the same, the Appellant herein filed an Appeal before the Principal District Judge, Madurai. There was delay in filing the Appeal. Hence, Petition for condonation of delay was also filed. The delay was eventually condoned and the Appeal was numbered as A.S. No.2 of 2016. During the intervening period, P.R.P. Exports rep. by its Partner P. Palanisamy purchased the Suit property under Ex.A79, dtd. 10/6/2005. Hence, the purchaser was impleaded as 8th Respondent in the first appeal. Before the First Appellate Court, additional evidence was adduced and Ex.A77 to Ex.A94 were marked. The First Appellate Court dismissed the Appeal on 13/3/2020 confirming the decision of the Trial Court. Challenging the same, this Second Appeal came to be filed.

(2.) There was delay of 340 days in filing the Second Appeal. To condone the same, C.M.P.(MD) No.5444 of 2023 was filed. Notice was ordered by the learned Single Judge on 26/4/2023. On 11/9/2023, the Hon'ble Administrative Judge posted the said CMP along with few other matters before us. The original Plaintiffs remained ex parte even before the First Appellate Court. The purchaser alone contested the Appeal. After hearing the learned Counsel for the 8th Respondent/Purchaser, we condoned the delay on 25/9/2023. The Second Appeal was admitted on 25/9/2023 on the following Substantial Questions of Law:

(3.) The learned Additional Advocate General appearing for the State reiterated all the contentions set out in the memorandum of grounds of Appeal and called upon this Court to answer the Substantial Questions of Law in favour of the Appellant and set aside the Judgments and Decrees passed by the Courts below and allow the Second Appeal as prayed for.