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Madras High CourtCMA/1866/2020allowed

S.Seethalakshmi v. R.Ravirajan

2021-03-09Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM CMA No.1866 of 2020 1 S.SEETHALAKSHMI 2 S.KALIDASS ..Appellants/1st and 2nd Defendants Vs 1 R.RAVIRAJAN 2 R.RANI ..Respondents 1 and 2/Appellant 1 & 2 3 R.PREMKUMAR 4 R.ASHOKKUMAR 5 R.NAGARAJAN 6 MINOR N.KARTHIKEYAN REP BY GUARDIAN MOTHER N.BHUVANESWARI ..Respondents 3 to 6/Appellants 3 to 6 7 K.RAJESWARI 8 C.M.MUTHUSAMY ..Respondents 7 & 8/Defendants 3 & 4 Prayer : Appeal filed under Section 104 r/w Order XLIII Rule 1 (U) of CPC to set aside the judgment and decree dated 10.01.2020 in AS NO. 81 of 2014 on the file of I Additional District Court, Coimbtore remanding the Judgment and decree dated 17.07.2014 in O.S.NO. 59 of 2011 on the file of the III Additional Subordinate Court, Coimbatore.

Decree : This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the judgment and decree of the Court below and the material papers in this case and upon hearing the arguments of Mr.T.Balaji, Advocate for the Appellant and of Mr.Ishtiaq Ahmed for Respondets 1 to 6 and none appeared for R7 and the 8th Respondent is given up in this appeal, it is ordered that the decree of the https://hcservices.ecourts.gov.in/hcservices/

Lower Appellate Court is be and hereby set aside and the appeal is remanded and that the I Additional District Judge, Coimbatore, do restore the Appeal Suit to its Original number in the register and proceed to dispose of the case in the light of the observations and directions contained in the Judgment herein and that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar TO 1 THE 1 ADDITIONAL DISTRICT COURT, COIMBATORE.

2 THE III ADDITIONAL SUBORDINATE COURT, COIMBATORE.

Copy To The Section Officer, Vernacular Records, High Court, Madras - 104 +1cc to Mr.Ishtiaq Ahmed, Advocate SR.No.15010 +1cc to Mr.A.Thiyagarajan, Advocate SR.No.14724 DATED : 09/03/2021 DECREE :

CMA No.1866 of 2020 Allowing this Appeal filed under Section 104 r/w Order XLIII Rule 1(U) of CPC to set aside the judgment and decree dated 10.01.2020 in A.S.NO. 81 of 2014 on the file of I Additional District Court, Coimbtore remanding the Judgment and decree dated 17.07.2014 in O.S.NO.

59 of 2011 on the file of the III Additional Subordinate Court, Coimbatore etc., as stated therein.

RGN(CO) GMY(27/06/2022) https://hcservices.ecourts.gov.in/hcservices/