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Madras High CourtSA/1263/2009dismissed

Anjammal v. Kanniyan Chettiar(Died)

2021-07-16Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE Ms. JUSTICE P.T. ASHA S.A.No.1263 of 2009 1.Anjammal 2.Navaneethakrishnan 3.Karthikesan 4.Sundarambal ... Plaintiffs/Appellants/Appellants Vs.

1.Kanniyan Chettiar (died) 2.The Tahsildar, Nagapattinam, Office at Nagapattinam Town, Taluk and District Munsif.

3.Tamil Nadu State rep.by the District Collector, Nagapattinam, Office at Nagapattinam Town, Taluk and District Munsif.

4.Arulmighu Navaneetheswara Swami Devasthanam, Sikkal rep. by the Executive Officer, The Temple premises at Sikkal Village, Nagapattinam Taluk and District Munsif.

5.Indirani 6.Jothy 7.Mariyappan 8.Sakthivel ...Defendants/Respondents/ Respondents (R5 to R8 were brought on record as legal representatives of he deceased 1st respondent, namely, Kannaiyan Chettiar vide Order of Court dated 06.06.2019 in M.P.Nos.1 to 3 of 2015 in S.A.No.1263 of 2009 by NSSJ)

PRAYER : Appeal against the Judgment and Decree dated 18.08.2009 in A.S.No.24 of 2008 on the file of the Subordinate Judge, Nagapattinam confirming the Judgment and Decree dated 11.03.2008 in O.S.No.251 of 2004 on the file of the District Munsif, Nagapattinam.

DECREE : This Second Appeal coming on for hearing on this day upon perusing the grounds of Appeal the judgment and decrees of the Lower Appellate Court and the Court of First instance and the material papers in the suit and upon hearing the arguments of Ms.R. Meenal, Advocate for the Appellant, and of Mr.A.E. Ravichandran, Government Advocate for Respodents 2 to 4 and Mr.G. Krishnamoorthy , Advocate for the Respondents 5 to 8 this court doth order and decree as follows:

1. that the judgment and decree dated 18.08.2009 passed in A.S.No.24 of 2008 on the file of the learned Subordinate Judge, Nagapattinam confirming the Judgment and Decree dated 11.03.2008 passed in O.S.No.251 of 2004 on the file of the District Munsif, Nagapattinam be and hereby are confirmed and this Second Appeal is dismissed.

2. that there be no costs in this Second Appeal. Sd/- Deputy Registrar(Lok Adlat) //True copy// Sub Assistant Registrar To 1.The Subordinate Judge, Nagapattinam.

2.The District Munsif, Nagapattinam.

3.The Tahsildar, Nagapattinam, Office at Nagapattinam Town, Taluk and District Munsif.

4.The District Collector, Nagapattinam, Office at Nagapattinam Town, Taluk and District Munsif.

5.The Executive Officer, Arulmighu Navaneetheswara Swami Devasthanam, Sikkal, Temple premises at Sikkal Village, Nagapattinam Taluk and District Munsif.

+1cc to Ms.R. Meenal, Advocate SR.No.34178 +1cc to Special Government Pleader SR.No.34098 DATED : 16/07/2021 DECREE :

S.A.No.1263 of 2009 Dismissing the Second Appeal preferred against the judgment and decree of the Court of the Subordinate Judge, Nagapattinam dated 18.08.2009 made in A.S.No.24 of 2008 confirming the Judgment and decree of the Court of the District Munsif, Nagapattinam dated 11.03.2008 in O.S.No.251 of 2004 etc., as stated therein.

PMK(CO) GMY(19/11/2021)