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Madras High CourtSA/1590/2004dismissed

Nallammal v. Ayyammal

2019-01-21Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.01.2019 Coram:

The Honourable Dr.Justice G.JAYACHANDRAN Second Appeal Nos.1590 & 1591 of 2004 Nallammal, W/o.Rajagopal, 4/124, Ponnaegounder Thottam, Kurumbapalayam Road, Coimbatore.

... Appellant in both cases Vs.

1. Ayyammal, D/o.Late Ponnaegounder, No.108, Ponnaegounder Thottam, Kurumbapalayam Road, Madukarai (via), Coimbatore.

2. Chinnammal, D/o.Late Ponnaegounder, No.108, Ponnaegounder Thottam, Kurumbapalayam Road, Madukarai (via), Coimbatore.

3. Kempi @ Kempammal, D/o.Late Ponnaegounder, No.108, Ponnaegounder Thottam, Kurumbapalayam Road, Madukarai (via), Coimbatore.

... Respondents in both cases PRAYER: These Second Appeal has been filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned Principal District Judge of Coimbatore dated 29.03.2004 in A.S.No.176 of 2003 & A.S.No.175 of 2003 respectively confirming the judgment and decree of the learned 3rd Additional District Munsif, Coimbatore dated 29.11.2002 in O.S.No.1802 of 1995 & O.S.No.816 of 1996 respectively.

For Appellant : Mr.V.Nicholas in both cases For Respondents : Mr.D.Venkatesh in both cases https://hcservices.ecourts.gov.in/hcservices/

C O M M O N J U D G M E N T These two Second Appeals are arising out of finding of the judgment and decree passed by both the Courts below regarding delivery of possession in respect of the suit property and damages. Now, it is reported by the learned counsel for the appellant that the property which has already delivered to the plaintiff and the parties are not interested in pursuing the same. Hence, both the Courts below have dismissed the suit.

2. Recording the same, the Second Appeals are dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bsm To, 1.The Learned Principal District Judge, Coimbatore.

2.The Learned III Additional District Munsif, Coimbatore.

Copy To:

The Section Officer, VR Section, High Court, Madras - 104.

+2ccs to Mr.V.Nicholas, Advocate, S.R.No.4466 & 4467 +1cc to Mr.D.Venkatesh, Advocate, S.R.No.4334 Second Appeal Nos.1590 & 1591 of 2004 VBA(CO) rrs 18/02/2019 https://hcservices.ecourts.gov.in/hcservices/