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Madras High CourtAS/1038/2012disposed of

Eswaran v. Muthulakshmi

2021-09-01Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AS.NOS.1038 OF 2012, 124 OF 2013, 226 OF 2014 & SA.NO.717 2016 AND MP.NOS.1 OF 2013, 1 OF 2014 AND CMP.NO.13510 OF 2016 AS.No.1038 of 2012 1.Eswaran 2.Valarmathi 3.Gopi 4.Minor Viji rep. by her father and natural guardian 1st appellant Eswaran ...Appellants / Defendants 2, 6 to 8 1.Muthulakshmi 2.Pavayee 3.Nachammal

...Respondents / Plaintiffs

5.Nachimuthu 6.Malarkodi 7.Rajam 8.Lakshmi 9.S.Sellammal & Co., by its 10.T.Masilamani

...Respondents / Defendants 1,3 to 5, 9 & 10

(no relief is claimed against respondents 5 to 10) in the above Appeal PRAYER : First Appeal filed under Section 96 of CPC to set aside the decree and judgment passed in OS.No.151 of 2010 on the file of the Principal District Court, Namakkal dated 10.09.2012. Mr.G.Murugendran For R1 to 4 Mr.S.Mukunth for M/s.Sarvabhauman Associates

For R9 Mr.P.R.Balasubramanian For R5 R6 to 8, 10 No Appearance AS.No.124 of 2013 S.Sellammal & Co., rep. by its ...Appellant / 9th Defendant 1.Muthulakshmi 2.Pavayee 3.Nachammal

...Respondents / Plaintiffs 1 to 4

5.Nachimuthu 6.Easwaran 7.Malarkodi 8.Rajam 9.Lakshmi 10.Valarmathi 11.Gobi 12.Minor Viji rep. by guardian Easwaran 13.T.Masilamani ...Respondents 5 to 13 / Defendants 1 to 8 & 10 PRAYER: First Appeal filed under Section 96 of CPC to set aside the preliminary decree and judgment passed by the Principal District Court, Namakkal on 10.09.2012 made in OS.No.151 of 2010. Mr.P.R.Balasubramanian For R5 & 6 R1,3 & 4, 7 to 13 :

Notice served R2 died (steps due) AS.No.226 of 2014 Nachimuthu ...Appellant / Ist Defendant 1.Muthulakshmi 2.Pavayee 3.Nachammal

...Respondents / Plaintiffs

5.Eswaran 6.Malarkodi 7.Rajam 8.Lakshmi 9.Valarmathi 10.Gopi 11.Minor Viji rep. by guardian Easwaran 12.S.Sellammal & Co., rep. by its 13.T.Masilamani

...Respondents 5 to 13 / Defendants 2, 3, 4,

5, 6, 7, 8, 9 & 10 PRAYER : First Appeal filed under Section 96 of CPC to set aside the decree and judgment passed in OS.No.151 of 2010 on the file of the Principal District Court, Namakkal on 10.09.2012 Mr.G.Murugendran For R1 to 4 Mr.S.Mukunth for M/s.Sarvabhauman Associates R6 to 13 given up R5 SA.No.717 of 2016 Muthulakshmi Rep. by S.Chinnusamy(power agent) ...Appellant / 1st Respondent 1.Easwaran 2.Natchimuthu Gounder

...Respondents

PRAYER : Second Appeal filed under Section 100 of CPC to set aside the judgment and decree dated 06.11.2015 made in AS.No.77 of 2012 on the file of the Sub Court, Namakkal reversing the judgment and decree dated 16.07.2012 made in OS.No.861 of 2007 on the file of the Principal District Munsif at Namakkal For Appellant Mr.S.Mukunth

For R1 R2 :

Notice served COMMON JUDGMENT The first appeal in AS.No.1038 of 2012 has been filed to set aside the decree and judgment passed in OS.No.151 of 2010 on the file of the Principal District Court, Namakkal dated 10.09.2012; the first appeal in AS.No.124 of 2013 has been filed to set aside the preliminary decree and judgment passed by the Principal District Court, Namakkal on 10.09.2012 made in OS.No.151 of 2010; the first appeal in AS.No.226 of 2014 has been filed to set aside the decree and judgment passed in OS.No.151 of 2010 on the file of the Principal District Court, Namakkal on 10.09.2012; and second appeal in SA.No.717 of 2016 has been filed to to set aside the judgment and decree dated 06.11.2015 made in AS.No.77 of 2012 on the file of the Sub Court, Namakkal reversing the judgment and decree dated 16.07.2012 made in OS.No.861 of 2007 on the file of the Principal District Munsif at Namakkal.

2. The learned counsel for the appellant in the second appeal in SA.No.717 of 2016 submitted that in pursuant to the order passed by this Court in CMP.No.1 of 2013 in AS.No.124 of 2013 dated 14.12.2020, final decree itself has been passed in the suit on 31.08.2021 in IA.No.178 of 2013 in OS.No.151 of 2010 by the trial court i.e. Principal District Court, Namakkal as per the compromise arrived at between the parties.

3. Accordingly, the appeal suits in AS.Nos.1038 of 2012, 124 of 2013 & 226 of 2014 are disposed of. In view of the orders passed in the above appeal suits, the second appeal in SA.No.717 2016 has become infructuous. Accordingly, the second appeal in SA.No.717 of 2016 is dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. No order as to costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar lok To 1.The Principal District Judge, Namakkal.

2.The Subordinate Judge, Namakkal.

3.The Principal District Munsif, Namakkal.

Copy To The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.G.Murugendran, Advocate Sr.No.44204 +4ccs to Mr.P.Valliappan, Advocate Sr.Nos.44076, 44077, 44078, 44081 +4ccs to M/s.Sarvabhauman Associates, Advocate Sr.Nos.44033, 44034, 44035, 44036 AS.Nos.1038 of 2012, 124 of 2013, 226 of 2014 & SA.No.717 2016 BR(CO) RVM(10/02/2022)