Eswaramoorthy v. Thangamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE TWENTY NINETH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT:

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH S.A.Nos.1106 of 2013 1.Eswaramoorthy Pappa Naicker(Died) 2.Kanja Naicker 3.Kannammal 4.Chinnasamy (Deceased) 5.Thangamani W/o.Chinnasamy 6.Karthikeyan S/o.P.Chinnasamy 7.Pavithra D/o.P.Chinnasamy 8.Manoharan S/o.P.Chinnasamy .. Appellants/Appellants 1,3,4&6/ Plaintiffs 1,3 & LRs of 2nd defendant (Appellants 5 to 8 brought on record as Lrs of the deceased 4th appellants vide order of Court dt.28.07.2015 made in MP.1 to 3 of 2014 in SA.1106/2013) -Vs1.Thangamani 2.P.Gurusamy 3.P.Palanisamy

4.S.M.Ponnusamy 5.M.Appusamy ..Respondents 1 to 5/Respondents ..Defendants 6.Thangamani ..6th Respondent/5th Appellant/ ..LR of 2nd Defendant Appeal against the Judgment and Decree of the Principal Subordinate Court, Tiruppur dated 18.11.2011 in A.S.No. 3/2009 preferred against the Judgment and Decree of the Court of the District Munsif Court, Tiruppur dated 13.06.2007 in O.S. No. 68/2003.

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 Mr.N.Manokaran, Advocate for the Appellant and of Ms.P.Vidhyashree for Mrs.P.T.Ramadevi, Advocate for the Respondents 1 to 3 this Court doth order and Decree as follows:

1. That the Judgment and Decree dated 18.11.2011 made in A.S. No. 3/2009 on the file of the Principal Subordinate Court, Tiruppur confirming the Judgment and Decree dated 13.06.2007 made in O.S. No. 68/2003 on the file of the District Munsif Court, Tiruppur do stand confirmed and the Second Appeal is dismissed;

2. That there be no order as to costs in this Second Appeal.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar KP To 1.The Principal Subordinate Judge, Tiruppur.

2.The District Munsif Judge, Tiruppur.

+1 CC to M/s.P.T. Ramadevi, Advocate sr 20915 +1 Cc to Mr.N.Manokaran, Advocate sr 21181.

Dated: 29.03.2022 DECREE:

S.A.Nos.1106 of 2013 Dismissing the Second Appeal preferred against the Judgment and Decree of the Court of the Principal Subordinate Court,Tiruppur dated 18.11.2011 made in A.S. No. 3/2009 confirming the Judgment and Decree of the Court f the Principal Subordinate Court, dated 13.06.2007 made in O.S. No.

68/2003 etc as stated therein PMK(CO) SP(26/04/2022)