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Judgment
Challenging the judgment and decree dated 21.01.2026 passed in A.S.No. 41 of 2024 on the file of the Sub Court, Bodinayakanur, Theni District confirming the Judgment and Decree dated 25.03.2021 in O.S.No. 123 of 2013 on the file of the District Munsif Court, Bodinayakanur, Theni District, the first defendant has preferred the present Second Appeal.
The learned counsel for the appellant submits that the plaintiff has failed to establish that he is one of the legal heirs of the deceased Pappammal. It is further submitted that the plaintiff did not approach the Court within the prescribed period of limitation and had not sought any decree during the lifetime of the deceased Pappammal. Therefore, the suit is not maintainable. On the above grounds, the learned counsel prayed that the Second Appeal be admitted.
Therefore, the second appeal is admitted on following questions of law:-
Whether the Learned First Appellate Court is correct in deciding the suit sale agreement Ex.A5 as time barred by weighing the evidence on record properly without considering the additional payment on 10.12.1998 and extension of time of suit sale agreement under provision of Section 2 (g) of Contract Act, 1872 and Section 34 of Specific Relief Act, 1963?
Whether the finding of the learned First Appellate Court is correct in granting relief of declaration nullifying Ex.B3, the subsequent, sale deed in Document No.456/2019, dated 01.02.2019 at SRO, Bodinayakanur, by exercising power,Under Order 41 Rule 33 of CPC, without prayer for such relief and without giving-opportunity of hearing in violation of natural justice?"
Issue notice to the respondents returnable by 09.09.2026. Private notice is also permitted.
Registry is directed to call for records from the concerned Court. Post the matter on 09.09.2026.