Today's Paper

Bench disposes of 24-year-old cases

Mohamed Imranullah S.

MADURAI: The Madras High Court Bench here on Wednesday disposed of a couple of second appeals pending before the court for 24 years since their institution in the principal seat at Chennai in 1984.

The genesis of the cases dates back to pre-Independence days when Velan Mathari (since dead) of Periyakulam, which was then a part of Madurai district and is now under Theni district, reportedly bought some properties in 1936.

There was a dispute over the title of the properties between V. Nagammal, wife of Mathari, who died pending adjudication of the second appeals, and seven others of whom one A. Parthesy too breathed his last a decade ago. In 1979, Nagammal and her two sons filed a civil suit for declaration before a Sub Judge in Periyakulam. Her opponents too filed a suit to redeem one of the properties under her possession. Both the suits were ordered against the mother-son trio in 1983 and hence the present appeals.

The High Court, in 2000, quashed the Sub Court’s decree and allowed the second appeals in favour of Nagammal and her two sons . Aggrieved at the judgement, the opposing party took the matter to the Supreme Court which remitted the appeals to the High Court for formulating substantial questions of law.

Subsequently, the appeals were transferred to the Madurai Bench following its inception in 2004 and posted for hearing before Justice Prabha Sridevan on a couple of occasions.

But there was no appearance on behalf of both sides as the parties were not represented by their counsels.

Preferring not to wait any more, the Judge dealt with the case on merits and held that the cases involved “pure questions of fact which do not appear to give rise to any substantial question of law.” She confirmed the decree passed by the Sub Court and dismissed the appeals since there was no representation on behalf of the appellants.

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