K. M. Natarajan (Died) Through His Lrs vs. Palaniammal (Died) Through Lrs
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble M.R. Shah, Hon'ble Krishna Murari
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
List On (Date) [28-09-2022], Notice Returnable [D:0,W:0,M:0], Notice status quo
Listed On:
9 Feb 2022
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
96024/2022,
Original Order Copy
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Order Text
ITEM NO.13 COURT NO.8 SECTION XII SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 14895/2022
(Arising out of impugned final judgment and order dated 05-01-2022 in SAMD No. 1229/2005 passed by the High Court Of Judicature At Madras At Madurai)
K.M. NATARAJAN (DIED) THROUGH HIS LRS.
Petitioner(s)
VERSUS
PALANIAMMAL (DIED) THROUGH LRS.
Respondent $(s)$
(FOR ADMISSION and I.R. and IA No.96024/2022-EXEMPTION FROM FILING and IA No.96019/2022-CONDONATION OF DELAY IN REFILING / $0.T.$ CURING THE DEFECTS)
Date: 02-09-2022 This matter was called on for hearing today.
HON'BLE MR. JUSTICE M.R. SHAH CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s) Mr. R. Balasubramanian, Sr. Adv. Mr. T. R. B. Sivakumar, AOR For Respondent(s)
UPON hearing the counsel the Court made the following $0$ R D F R
R. Balasubramanian, learned Senior Advocate, for Mr. the petitioners has vehemently submitted that, while deciding the Second Appeal, under Section 100 CPC, the High Court has entered into the questions of fact and even the questions of law framed were also pure questions of law and none of the questions framed by the High Court can be said to be questions of law.
It is submitted that the High Court, in exercise of powers Section 100 CPC, has set aside the concurrent findings The Not antique <sup>18.20:52</sup> Corded by the learned trial Court as well as the first Appellate Court with respect to the land other than the land admeasuring 29 $3/4$ cents.
Issue notice limited to restoring the judgment and order passed by the first Appellate Court as the judgment and decree passed by the first Appellate Court was never challenged by the petitioners, returnable on 28.09.2022.
Dasti**, in addition, is permitted.**
Parties are directed to maintain status quo except the land admeasuring 29 3/4 cents.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR