MEENA v. AZHAGARSAMY

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CIVIL) NO. 22236 OF 2022)

1. Leave granted.

2. Heard Mr. G. Sivabalamurugan, learned counsel appearing for

the appellants (legal heirs of original defendant No. 3 in the

Suit). Also heard Mr. A. Velan, learned counsel appearing for the

respondents (plaintiffs).

3. The Suit (O.S. No. 28 of 2010) filed by the plaintiffs for

title, possession and permanent injunction was dismissed by the

learned trial court on 22.10.2016. However, on appeal filed by the

plaintiffs, the VI Additional District Court, Madurai as the First

Appellate Court, allowed the A.S. No. 8 of 2017. The Court set

aside the judgment dated 22.10.2016 of the Principal Sub Court,

Madurai and the O.S. No. 28 of 2010 was decreed. The Court

declared that the suit property belongs to the plaintiffs and the

defendants were directed to remove their encroachment on the “A”

schedule property and handover possession to the plaintiffs.

Relief of permanent injunction restraining the defendants, was also

granted by the First Appellate Court.

4. The aggrieved defendants challenged the said judgment of the

First Appellate Court with a belated second appeal before the High

Court, supported by an application for condonation of delay of 345

days. However, the High Court under the impug...