Ponnuswamy Gounder(Died) v. Sengoda Gounder(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN S.A.No.1501 of 2000 1.Ponnuswamy Gounder (Died) 2.Saraswathi 3.P.Swaminathan 4.Vasanthamani 5.Vijayagandhi ..Appellants (Appellants 2 to 5 brought on record as LRs of the deceased sole appellant vide order of court dated 30/09/2019 made in CMP.No.21229, 21231 & 21232/19 in SA.No.1501/2000 Appellants /7th Respondent/7th defendant Vs.

1.Sengoda Gounder (Died) 2.State of Tamil Nadu, Rep.by the Collector, Erode District.

3.The Revenue Divisional Officer, Erode.

4.The Tahsildar, Erode Taluk.

5.The Executive Engineer, Erode Taluk, Erode District.

6.The Divisional Officer,Lower Bhavani LPP Canal Division Office,Konavoykkal Erode.

7.The Junior Engineer, Lower Bhavani LPP Canal, Arachalur.

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8.Subramaniam 9.Pavayammal 10.Saraswathi 11.Dhanalakshmi 12.Duraisamy

...Respondents/Appellant

Respondents 1 to 6&8/ Plaintiff/ Defendants 1 to6 & 8 (R9 to R12 are brought on record as legal heirs of the deceased 1st respondent vide order dated 03.02.2020 in made in C.M.P.No.1830 & 1831 & 1834 of 2020 in S.A.No.1501 of 2000) Prayer: Second Appeal filed under Section. 100 of C.P.C. filed against the judgement and decree in A.S.No.2 of 1999 dated 19.02.1999 passed by the Additional Sub-Judge, Erode reversing the judgement and decree in O.S.No.282 of 1997 dated 12.08.1998 passed by the I Additional District Munsif, Erode and to allow this appeal.

For Appellants : M/s.P.T.Ramadevi For Respondents : Mr.V.S.Kesavan for R9 to R12 Mr.S.Jagannathan Government Advocate (Criminal Side) for R2 to R7 R8 - Notice served, No appearance R1 - Died

J U D G M E N T

This second appeal is directed as against the judgement and decree in A.S.No.2 of 1999 dated 19.02.1999 passed by the Additional Sub-Judge, Erode reversing the judgement and decree in O.S.No.282 of 1997 dated 12.08.1998 passed by the I Additional District Munsif, Erode and to allow this appeal. The learned counsel for the appellants submitted that already the defendants 1 to 6 preferred an appeal in S.A.No.1327 of 2000 and the same was dismissed by this Court dated 30.01.2020. The present second appeal preferred by the 7th defendant as against the very same judgement and decree filed in A.S.No.2 of 1999. In view of the above order passed by this Court in S.A.No.1327 of 2000 dated 30.01.2020, this second appeal also dismissed.

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2. Accordingly this second appeal stands dismissed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar pns To

1. The Additional Sub-Judge, Erode.

2. The I Additional District Munsif, Erode.

copy to The Section Officer VR Section High Court, Madras +1 cc to Mrs.P.T.Ramadevi Advocate sr8460 +1 cc to Mr.V.S.Kesavan Advocate sr8932 +1 cc to special government Pleader(CS) sr8359 S.A.No.1501 of 2000 gj(co) aa08/07/2020 3/3