Aathiyappan vs Krishnamoorthy — 12/2023

Case under Code of Civil Procedure Section Order41Rule96. Disposed: Contested--Allowed on 07th April 2026.

Case disposed

AS - Appeal Suit

CNR: TNTH010073212022

Filing Number

11374/2022

Filing Date

19-Dec-2022

Registration No

12/2023

Registration Date

27-Mar-2023

Court

Principal District Court, Theni

Judge

1-Principal District Judge

Decision Date

07-Apr-2026

Nature of Disposal

Contested--Allowed

Last updated 03-Jun-2026

Acts & Sections

Code of Civil Procedure Section Order41Rule96

Petitioner(s)

  1. 1.Aathiyappan

    Adv. Murugan.A

Respondent(s)

  1. 1.Krishnamoorthy

Case History

  1. Case disposedDisposed

  2. 07-Apr-2026

    Copy of JudgmentView PDF

    Summary of Case 12/2023 - Aathiyappan v. Krishnamoorthy The Principal District Judge set aside the trial court's decree and allowed defendant Aathiyappan's appeal, finding that the trial court erred in granting relief based on improperly moulded pleadings. While the trial court correctly determined that the mortgage deed dated 31.12.2012 was not a genuine mortgage (but rather a customary practice between dairy farm owners and milk suppliers), it improperly converted the dismissed mortgage claim into a simple loan recovery decree based solely on the defendant's admission of receiving ₹2,00,000, ignoring his counterclaim that ₹1,70,000 had been repaid, leaving only ₹30,000 outstanding. The appellate court held that relief cannot be moulded without specific pleadings and found the trial court's selective consideration of admissions prejudicial to the defendant. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 07-Apr-2026

    Disposed

    Principal District Judge

  4. 30-Mar-2026

    Judgement

    Principal District Judge

  5. 13-Mar-2026

    Judgement

    Principal District Judge

  6. 05-Mar-2026

    Arguments

    Principal District Judge

  7. 20-Feb-2026

    Arguments

    Principal District Judge

  8. 05-Feb-2026

    Arguments

    Principal District Judge

  9. 23-Jan-2026

    Arguments

    Principal District Judge

  10. 08-Jan-2026

    Arguments

    Principal District Judge

  11. 11-Dec-2025

    Arguments

    Principal District Judge

  12. 21-Nov-2025

    Arguments

    Principal District Judge

  13. 30-Oct-2025

    Arguments

    Principal District Judge

  14. 25-Sep-2025

    Arguments

    Principal District Judge

  15. 04-Sep-2025

    Arguments

    Principal District Judge

  16. 28-Aug-2025

    Arguments

    Principal District Judge

  17. 07-Aug-2025

    Arguments

    Principal District Judge

  18. 31-Jul-2025

    Arguments

    Principal District Judge

  19. 17-Jul-2025

    Arguments

    Principal District Judge

  20. 03-Jul-2025

    Arguments

    Principal District Judge

  21. 27-Jun-2025

    Arguments

    Principal District Judge

  22. 12-Jun-2025

    Arguments

    Principal District Judge

  23. 24-Apr-2025

    Arguments

    Principal District Judge

  24. 20-Mar-2025

    Arguments

    Principal District Judge

  25. 26-Feb-2025

    Arguments

    Principal District Judge

  26. 27-Jan-2025

    Arguments

    Principal District Judge

  27. 16-Dec-2024

    Arguments

    Additional District Judge Fast Track Court

  28. 16-Nov-2024

    Arguments

    Additional District Judge Fast Track Court

  29. 21-Oct-2024

    Arguments

    Additional District Judge Fast Track Court

  30. 21-Sep-2024

    Arguments

    Additional District Judge Fast Track Court

  31. 20-Sep-2024

    Arguments

    Additional District Judge Fast Track Court

  32. 06-Sep-2024

    Arguments

    Additional District Judge Fast Track Court

  33. 29-Aug-2024

    Arguments

    Additional District Judge Fast Track Court

  34. 23-Aug-2024

    Arguments

    Additional District Judge Fast Track Court

  35. 21-Aug-2024

    Arguments

    Additional District Judge Fast Track Court

  36. 14-Aug-2024

    Arguments

    Additional District Judge Fast Track Court

  37. 31-Jul-2024

    Arguments

    Additional District Judge Fast Track Court

  38. 30-Jul-2024

    Arguments

    Additional District Judge Fast Track Court

  39. 26-Jun-2024

    Arguments

    Additional District Judge Fast Track Court

  40. 07-Jun-2024

    Arguments

    Additional District Judge Fast Track Court

  41. 04-Jun-2024

    Arguments

    Additional District Judge Fast Track Court

  42. 08-Apr-2024

    For Discovery / Inspection / Production

    Additional District Judge Fast Track Court

  43. 27-Mar-2024

    For Discovery / Inspection / Production

    Additional District Judge Fast Track Court

  44. 19-Mar-2024

    For Discovery / Inspection / Production

    Additional District Judge Fast Track Court

  45. 15-Mar-2024

    Orders

    Additional District Judge Fast Track Court

  46. 29-Feb-2024

    Orders

    Additional District Judge Fast Track Court

  47. 19-Feb-2024

    Orders

    Additional District Judge Fast Track Court

  48. 24-Jan-2024

    Orders

    Additional District Judge Fast Track Court

  49. 09-Jan-2024

    Orders

    Additional District Judge Fast Track Court

  50. 22-Dec-2023

    IA / Ea Pending / Cmp Pending / CRP Pending / Cma Pending

    Additional District Judge Fast Track Court

  51. 15-Dec-2023

    IA / Ea Pending / Cmp Pending / CRP Pending / Cma Pending

    Additional District Judge Fast Track Court

  52. 08-Dec-2023

    IA / Ea Pending / Cmp Pending / CRP Pending / Cma Pending

    Additional District Judge Fast Track Court

  53. 19-Oct-2023

    IA / Ea Pending / Cmp Pending / CRP Pending / Cma Pending

    Additional District Judge Fast Track Court

  54. 05-Sep-2023

    IA / Ea Pending / Cmp Pending / CRP Pending / Cma Pending

    Additional District Judge Fast Track Court

  55. 22-Aug-2023

    IA / Ea Pending / Cmp Pending / CRP Pending / Cma Pending

    Additional District Judge Fast Track Court

  56. 31-Jul-2023

    IA / Ea Pending / Cmp Pending / CRP Pending / Cma Pending

    Additional District Judge Fast Track Court

  57. 13-Jul-2023

    Arguments

    Additional District Judge Fast Track Court

  58. 22-Jun-2023

    Arguments

    Additional District Judge Fast Track Court

  59. 27-Apr-2023

    Service Pending-Notice

    Additional District Judge Fast Track Court

  60. 30-Mar-2023

    Service Pending-Notice

    Additional District Judge Fast Track Court

  61. 27-Mar-2023

    First hearing

    Initial hearing scheduled

  62. 19-Dec-2022

    Case filed

    Registration No. 12/2023

casestatus.in Summary

Summary of Case 12/2023 - Aathiyappan v. Krishnamoorthy The Principal District Judge set aside the trial court's decree and allowed defendant Aathiyappan's appeal, finding that the trial court erred in granting relief based on improperly moulded pleadings. While the trial court correctly determined that the mortgage deed dated 31.12.2012 was not a genuine mortgage (but rather a customary practice between dairy farm owners and milk suppliers), it improperly converted the dismissed mortgage claim into a simple loan recovery decree based solely on the defendant's admission of receiving ₹2,00,000, ignoring his counterclaim that ₹1,70,000 had been repaid, leaving only ₹30,000 outstanding. The appellate court held that relief cannot be moulded without specific pleadings and found the trial court's selective consideration of admissions prejudicial to the defendant. This case analysis is maintained by casestatus.in based on publicly available court records.

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