Increasing the number of judges deputed to the Madras High Court Bench here from 11 to 16, highest since its establishment in July 2004, from December 6 last has had a significant impact on disposal of civil cases that had been gathering dust for decades together first at the principal seat of the High Court in Chennai and then at the Bench here.
However, a considerable number of these cases, especially second appeals pending in the High Court since 1994 as well as appeal suits, were getting dismissed now for reasons such as non appearance of lawyers on record, their clients not providing instructions to them or because of the litigants had entered upon an out of court settlement.
Only litigants who waited patiently all these years were reaping the benefits now as the Bench has begun to dust off the old cases. One such case was that of Pushpam of Kanniyakumari district who had to wage a legal battle against her elder brother and sister-in-law for 17 long years to assert ownership over 0.5 cent (around 200 square feet) of land.
It was the woman’s case that she had constructed a small house on the land purchased out of her own earnings and let it out to her brother in 1991 for a monthly rent of Rs.50. However, he and his wife began claiming ownership right over the property and filed a civil suit before a Principal District Munsif Court in Nagercoil in the year 2000.
After hearing the case for four years, the Munsif court dismissed the suit on April 26, 2004. Thereafter, her brother and sister-in-law went on appeal but the Principal Subordinate Court in Nagercoil dismissed the appeal too on February 28, 2005 and confirmed the Munsif’s judgement. Immediately, a second appeal was preferred before the High Court.
Even as the second appeal was pending since 2005, the appellants died and their legal heirs were brought on record. Disposing of the appeal after 12 long years, Justice RMT. Teekaa Raman has now held that Ms. Pushpam was the absolute owner of the property and that she was entitled to a permanent injunction against the defendants with respect to half a cent of the land.
Similarly, RM. Chockalingam Ambalam of Sivaganga district had to wait for 23 long years for the High Court to deliver a verdict on his second appeal filed way back in 1994. He had initially filed a civil suit before a District Munsif Court in Devakottai in 1988 claiming ownership over 28 cents of land in Kalanivasal Pudur village following a dispute with his relatives.
The suit was decreed in his favour on September 30, 1991. However, on appeal, a Sub Court in Devakottai set aside the Munsif’s order on January 29, 1993. Mr. Ambalam went on second appeal before the principal seat of the High Court in Chennai in 1994 and the case remained pending there for 10 years before being transferred to its Bench here in 2004.
Here again, the case remained dormant for about 13 years until Mr. Justice Raman took it up for final disposal recently and ruled it in favour of Mr. Ambalam. The judge set aside the first appellate court’s order and restored the Munsif’s judgement. He also directed the respondents in the second appeal to pay costs of Rs.3,000 to the appellant.
