MARY JACOB (DIED) Vs. A N VALLIAMMAI

JUDGEMENT

(1.) The defendants / legal heirs of the defendants in O.S.No.364 of 1983, on the file of the Additional District Munsif Court, Madurai, along with the subsequent purchasers, are the appellants.

(2.) O.S.No.364 of 1983 had been filed by the respondents for a judgment and decree declaring that they are entitled to the suit properties absolutely and for a consequential injunction restraining the defendants from interfering with their peaceful possession and enjoyment and for a declaration that four sale deeds, all dated 03.01983 in favour of the 2-5 defendants respectively, in relation to the suit properties are not binding on them and for a direction against the defendants to pay the costs of the suit.

(3.) The suit and in fact the entire litigations have been meandering in circles without going nowhere for the past more than three decades. Originally, a judgment was delivered in O.S.No.364 of 1983 on 16.04.1991. That judgment was passed, since the plaintiffs did not come forward to cross examine the witnesses on the side of the defendants. The learned Additional District Munsif, exercised his right to deliver judgment in such circumstances. That judgment was subsequently set aside and the matter was again remitted back to the learned Additional District Munsif. After further hearing, a judgment was passed on 24.04.1992. The suit was dismissed. Thereafter, the plaintiffs filed A.S.No.28 of 1993, before the District Court, Madurai. By judgment and decree dated 25.07.1994, the appeal was allowed and the judgment and decree of the trial Court was set aside and the suit was decreed. As against that judgment, the defendants / legal heirs of the defendants filed the second appeal in S.A.No.18 of 1995.