← Library
Madras High CourtSA/1190/2014dismissed as withdrawal

R.Rathinavelu v. Alamelu Ammal(Decs)

2015-02-04Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU Second Appeal No.1190 of 2014 R.Rathinavelu .. Appellant/ 4th Plaintiff -VsAlamelu Ammal (deceased)

1. Papathiammal

2. Balu Mudaliar exparte

3. Rajagopal exparte

4. Gowriammal exparte

5. R.Raghava Naidu exparte

6. M.Thillaiammal exparte

7. M.Muthulakshmi exparte

8. A.K.Santhanam exparte

9. M.Purushothaman exparte 10.K.G.Ganapthy exparte 11.Kalyani exparte 12.S.K.Natarajan Mudaliar exparte 13.Kasiammal exparte 14.N.M.Niraimathikumar exparte 15.K.Sankari Ammal 16.K.Sivakumar 17.K.Sujatha 18.R.Ramachandran 19.R.Thiagarajan .. Respondents (Defendants and Plaintiffs 6,7,8,2 & 3) SECOND APPEAL filed under Section 100 of Code of Civil Procedure to set aside the decree and judgment dated 10.12.2012 passed in A.S.No.22 of 2008 by the learned III Additional City Civil Judge, Chennai, confirming the decree and judgment dated 30.6.2006 passed in O.S.No.2083 of 1981 by the learned XII Assistant City Civil Judge, Chennai thereby allowing the Second Appeal. For Appellant :

Mr.A.M.Loganathan For Respondents : ...

https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

The learned Counsel for the appellant submits that he would make an endorsement not pressing this Second Appeal, however, liberty may be given to the appellant to file a suit for partition based on the observations made in paragraph 77 of the judgment of the trial court.

2.

So far as the liberty is concerned, since the appellant has got right to file a suit for partition, it requires no permission from this Court. Further for filing such a suit, the dismissal of the present suit will not operate as res judicata. 3.

With the above observation, accepting the endorsement made by the learned Counsel for the appellant, the Second Appeal is dismissed as not pressed. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar tsi To

1. The III Additional Judge, City Civil Court, Chennai.

2. The XII Assistant Judge, City Civil Court, Chennai.

3. The Registrar City Civil Court, Chennai 2 ccs to Mr.A.M. Loganathan, Advocate, Sr. 6495 S.A.No.1190 OF 2014 MG (CO) kk 13/2 https://hcservices.ecourts.gov.in/hcservices/