Palanisamy v. Manicka Boyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE Ms. JUSTICE P.T. ASHA S.A.No.869 of 2008 1.Palanisamy 2.Sampath Kumar 3.Prakash 4.Easwari ...Appellants/Appellants/Defendants Vs.

1.Manicka Boyan 2.Bangaru Boyan 3.Kannammal 4.Sarasammal 5.Rajammal 6.K. Selvam 7.Papathiammal 8.Murugan 9.Manju @ Manjunathan 10.Kanagarajendran 11.Sulochana Manickam 12.Thangamani Thangavel 13.Chinthamani

...Respondents/Respondents/

Plaintiffs 1 and 2 and 4 to 14 PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 04.01.2008 made in A.S.No.24 of 2007 on the file of the learned Principal Subordinate Judge, Gobichettipalayam confirming the Judgment and Decree dated 20.01.2007 made in O.S.No.278 of 1998 on the file of the learned District Munsif, Gobichettipalayam. Decree : This Second Appeal coming on for hearing on this 14th July 2021 and 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 Mr.R.T. Doraisamy, Advocate for the Appellants and Ms.Vidya Shree for M/s.P.T. Ramadevi, Advocate for the 13th Respondent, Respondent 7 died, none appeared for the 1st, 5th and 12th Respondents, this Court while allowing the Second Appeal, doth judgment and decree as follows:

i) that the judgment and decree in O.S.No.278 of 1998 on the file of the learned District Munsif, Gobichettipalayam as confirmed by the learned Principal Subordinate Judge, Gobichettipalayam in A.S.No.24 of 2007 are be and hereby setaside;

ii) that there shall be no order as to cost in this Second Appeal.

Schedule of Property Gobi Registration District, Gobi Sub Registration District, Gobi Taluk, Modachur Village, within Municipal limits, Gobi Town T.S.No.64/E Ward C Block 26, D.No.17 admeasuring 0.0.1.13 hetctres and the same is situate within the following boundaries;

North of East West road and the Property of the defendants, West of North South lane East of the property of Maniakarar and others, And South of the Ramapandaram's House and lane with doors, Windows, Walls, sheds, electrical fittings, Compound Walls on the Fourt side etc, in this the subject matter of the suit is a stony wall 1 1⁄2 breadth is shown a s B C D Wall in the Plaint plan.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar To 1.The Principal Subordinate Judge, Gobichettipalayam.

2.The District Munsif, Gobichettipalayam.

Copy To The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.R.T. Doraisamy, Advocate SR.No.33376 +1cc to M/s.P.T. Ramadevi, Advocate SR.No.33186

DATED : 14/07/2021 DECREE :

S.A.No.869 of 2008 Allowing this Second Appeal preferred against the judgment and decree dated 04.01.2008 made in A.S.No.24 of 2007 on the file of the learned Principal Subordinate Judge, Gobichettipalayam confirming the Judgment and Decree dated 20.01.2007 made in O.S.No.278 of 1998 on the file of the learned District Munsif, Gobichettipalayam, as stated within-No Costs.

RP(CO) GMY(21/10/2021)