SA No. 168 of 2019 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI SA No. 168 of 2019 AND CMP No. 14361 of 2021 1. Tamizhavasan Both Res At Bharathiyarstreet , Nalladaiviilage , Tharangambadi Tk, Nagapattinam District 2. Venkatesan S/o.Pallirisamy , Both Res At Bharathiyarstreet , Nalladaiviilage , Tharangambadi Tk, Nagapattinam District ..Appellant(s) Vs 1. Pakkirisamy S/o.Ganapathy , All Res At Bharathiyarstreet, Nalladaivillage , Tharngambadi Tk, Nagapattinam DistrictNagapattinam 2. Manikandan S/o.Pakkirisamy , All Res At Bharathiyarstreet, Nalladaivillage , Tharngambadi Tk, Nagapattinam District 3. Karthi S/o.Pakkirisamy , All Res At Bharathiyarstreet, Nalladaivillage , Tharngambadi Tk, Nagapattinam District ..Respondent(s) https://www.mhc.tn.gov.in/judis SA No. 168 of 2019 __________ Page2 of 6 SA No. 168 of 2019 This Second Appeal has been preferred against the Judgment and Decree of principal Sub Court, Mayiladuturai dated 26/07/2018 made in AS.No.57 of 2016 reversing the Judgment and Decree of Additional District Munsif Court , Mayiladuturai dated 16/07/2015, made in OS.No.184/2011 SA No. 168 of 2019 For Appellant(s): Mr.B.Jawahar For Respondent(s): Mr.A.Muthukumar For R2,R3 and R5 to R8 R4 - No Appearance R1 -died JUDGMENT This Second Appeal has been preferred against the Judgment and Decree of principal Sub Court, Mayiladuturai dated 26.07.2018 made in AS.No.57 of 2016 reversing the Judgment and Decree of Additional District Munsif Court , Mayiladuturai dated 16.07.2015, made in OS.No.184/2011. 2. The appellants herein are the plaintiffs and the respondents herein are the defendants in the suit in O.S. No.184 of 2011 on the file of the Principal Sub-Court, Mayiladuturai. 3. When the matter is taken up for hearing, both side counsel are present. They have brought to the knowledge of this Court that 1st defendant/the father https://www.mhc.tn.gov.in/judis SA No. 168 of 2019 __________ Page3 of 6 of the plaintiffs and the defendants, died on 23.12.2020. Admittedly, the plaintiffs being the children of 1st defendant through his first wife, are claiming the suit property and the defendants 2 and 3 being the children of the 1st defendant through his 2nd wife, are claiming share in the suit property. 4. Originally, the plaintiffs have filed the suit in O.S. No.184 of 2011 on the file of the Additional District Munsif Court, Mayiladuthurai, seeking for the relief of permanent injunction stating that they are in possession in the suit schedule property. But the defendants claims that plaintiffs were enjoying the property under the permissive occupation, but the same is denied by the plaintiffs. 5. Before the Trial Court, both parties have adduced the evidence. After considering the oral and documentary evidence placed by both the parties, the Trial Court allowed the suit by granting the relief of permanent injunction. Vide Judgment and Decree dated 16.07.2015. Being aggrieved by the aforesaid Judgment and Decree, the defendants have preferred the First Appeal in A.S. No.57 of 2016 on the file of the Principal Sub-Court, Mayiladuthurai. The First Appellate Court reversed the findings of the Trial Court and allowed the 1st Appeal in favour of the defendants 1 to 3. vide Judgment and Decree dated 26.07.2018. Aggrieved by the reversal findings of the 1st Appellate Court, the plaintiffs have filed the present second appeal . https://www.mhc.tn.gov.in/judis SA No. 168 of 2019 __________ Page4 of 6 6.As per findings of the First Appellate Court, it is held that the plaintiffs have failed to prove their possession and enjoyment of the suit property and the suit property belongs to the 1st defendant. Pending the second appeal, the 1st defendant died on 23.12.2020. According to the defendants 2 and 3, the first defendant executed two Wills dated 16.07.2007 and 05.04.2019, while he was in sound and disposing state of mind. Based on the said two Wills, after the death of the 1st defendant, they are claiming the right over the property. But, the appellants/plaintiffs are questioning the validity and genuineness of the Wills. 7. Considering the pleadings of the plaintiffs, they are claiming only the relief of permanent injunction in respect of the suit property. Now, after the death of the 1st defendant, the defendants 2 and 3 are claiming as they are the owners of the said suit property, as per the Wills executed by their father/1st defendant. Now the said wills are disputed by the plaintiffs. 8.Under such circumstances, both the parties are bound to prove their title of the possession and enjoyment of the suit schedule property. Hence, both parties are granted liberty to to file a comprehensive suit seeking for the relief of right over the suit property in the manner known to law. As on date, as the https://www.mhc.tn.gov.in/judis SA No. 168 of 2019 __________ Page5 of 6 plaintiffs are in possession of the suit property, they are permitted to enjoy the suit property, till the title of the suit property is to be decided. However, the Trial Court shall proceed the Trial proceedings without influence of the observation of this Court. 9. With the aforesaid observations and directions, this Second Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Lbm SA No. 168 of 2019 To 1. Pakkirisamy S/o.Ganapathy , All Res At Bharathiyarstreet, Nalladaivillage , Tharngambadi Tk, Nagapattinam DistrictNagapattinam 2. Manikandan S/o.Pakkirisamy , All Res At Bharathiyarstreet, Nalladaivillage , Tharngambadi Tk, Nagapattinam District 3. Karthi S/o.Pakkirisamy , All Res At Bharathiyarstreet, Nalladaivillage , Tharngambadi Tk, Nagapattinam District 4. The principal Sub Court, Mayiladuturai https://www.mhc.tn.gov.in/judis SA No. 168 of 2019 __________ Page6 of 6 5. The Additional District Munsif Court , Mayiladuturai T.V.THAMILSELVI J. Lbm SA No. 168 of 2019 AND CMP NO. 14361 OF 2021 24-02-2026 https://www.mhc.tn.gov.in/judis