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Madras High CourtSA/577/2021dismissed

Balasubramani v. Palaniammal

2021-08-11Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE Ms.JUSTICE P.T.ASHA S.A.No.577 of 2021 Balasubramani .. Appellant/Appellant/ Plaintiff in Second Appeal Vs.

1. Palaniammal

2. Kala

3. The Government of Tamil Nadu Represented by the District Collector, Salem, Salem District.

4. The Revenue Divisional Officer, Mettur Taluk, Salem District.

5. The Tahsildar, Mettur Taluk Office, Mettur Dam - 1 Salem District.

6. The Village Administrative Officer, Alamarathupatty Village, Chithrapattypudur, Kolathur Post, Mettur Taluk, Salem District.

... Respondents/Respondents/ Defendants in Second Appeal Appeal against the Judgment and Decree of the Additional District Judge (Fast Track Court), Mettur dated 30/07/2020 in A.S.No.97/2019 preferred against the Judgment and Decree of the Subordinate Judge, Mettur dated 13/08/2019 in O.S.No.164 of 2012. DECREE: This Second Appeal coming on for hearing on this day, upon peruisng 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.A.Sundaravadhanan, Advocate for the Appellant, this Court doth order and decree as follows:-

i) That the Judgment and decree of the Additional District (Fast Track) Judge, Mettur dated 30/07/2020 in A.S.No.97/2019, confirming the Judgment and decree of the Subordinate Judge, Mettur dated 13/08/2019 in OS.No.164 of 2012 be and hereby is confirmed; and this Second Appeal do stand is dismissed; and ii)That there be no order as to costs in this Second Appeal. DESCRIBTION OF PROPERTY In Salem R.D., Kolathur Sub R.D., Mettur Taluk, Alamarathupatti Village, in S.No.1007/1 to the extract of Hec.1.40.0 Kist Rs.1.57 and in S.No.1007/2 to the extent of Hec.0.11.0 Kist Rs.0.15. Total Extent Hec.1.25.0 Total Kist Rs.1.72 with all easementary and customary rights, bounded North by Panchayat Road, South by Plaintiffs land, East by Palanisamy, Uthirasamy and Ramayee land, West by Kolathur to Chennampatty Road, Kist Rs.1.72 X 30 = 51.60.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Additional District (Fast Track)Judge, Mettur.

2.The Subordinate Judge, Mettur.

3.The District Collector, Salem District.

4. The Revenue Divisional Officer, Mettur Taluk, Salem District.

5. The Tahsildar, Mettur Taluk Office, Mettur Dam - 1 Salem District.

6. The Village Administrative Officer, Alamarathupatty Village, Chithrapattypudur, Kolathur Post, Mettur Taluk, Salem District.

Copy To The Section Officer, V.R. Section, High Court, Madras.

DATED:11/08/2021 DECREE:

SECOND APPEAL NO.577 OF 2021 Dismissing the Second Appeal preferred against the Judgment and decree of the Court of the Additional District (Fast Track)Court, Mettur dated 30/07/2020 made in A.S.No.97 of 2019, confirming the Judgment and decree of the Court of the Subordinate Judge, Mettur dated 13/08/2019 made in O.S.No.164 of 2012, etc., as stated therein.

GPL(CO) GN(19/11/2021)