Kimji Patel v. The Idol Of Sri.Samayapuram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday,the Eighteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR KIMJI PATEL ...
Appellant/12th Defendant Vs 1.
THE IDOL OF SRI.SAMAYAPURAM MARIAMMAN S.KANNANOOR MANNACHANALLUR TALUK REP. BY ITS EXECUTIVE OFFICER DEVASTHANAM OFFICER S.KANNANOOR MANNACHANALLUR TALUK TRICHY.
...
1st Respondent/Plaintiff
2. THE IDOL OF SRI.DHANDAYUTHAPANISAMY PALANI REP. BY ITS EXECUTIVE OFFICER DEVASTHANAM OFFICE PALANI - DINDIGUL DISTRICT.
3.
THE IDOL OF SRI.ANGAYEE AMMAN LALGUDI REP. BY ITS TRUSTEE HAVING HIS OFFICE AT DEVASTHANAM OFFICE AT LALGUDI.
4.
THE IDOL OF SRI.ALANGAMUNNESWARAR ALANGANATHAPURAM REP. BY ITS TRUSTEES HAVING HIS OFFICE AT ALANGANATHAPURAM DHARANALLUR TRICHY-8 (EX-PARTE) 5.
M.M.NAGARAJAN S/O.MUNIAPILLAI NO.96 10TH CROSS THILLAINAGAR TRICHY-18.
6.
M.KRISHNAMOORTHY 7.
RAVICHANDRAN 8.
LAKSHMANAN 9.
DR.MANOHARAN (EX-PARTE) 10.
RAJMOHAN 11.
MOHANDOSS (EX-PARTE) ...
Respondents 2 to 11 Defendants 1 to 10 12.
A.PRABHU 13.
SEKAR 14.
JOSEPH (EX-PARTE) 15.
AMARAVATHI SUPER MARKET REGD. UNDER CO-OPERATIVE SOCIETYS ACT REP.BY ITS SECRETARY (EX-PARTE) 16.
DR.SOORYAMOORTHY 1/3
17.
SRINIVASAN 18.
NAGARAJAN 19.
DHARMARAJ 20.
DR.V.M.GNANAVEL 21.
S.RAMACHANDRAN 22.
MUNIAPPAN ...
Respondents 12 to 22/ Defendants 13 to 23 Prayer :-This Appeal filed U/s 96 of the Code of Civil Procedure praying to set aside the Judgement and decree dated 18.11.2005 in OS.No.128/2004 on the file of the 1st Additional District Judge (PCR), Tiruchirapalli DECREE: This Appeal coming on for hearing on this day. Upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in the Appeal and upon hearing the arguments of Mr.K.P.S. Palanivelrajan, Advocate for the Appellant and of Mr.R.Devaraj , Advocate for the Respondents 1 & 2, Mr.S.Ramakrishnan Advocate for Mr.K.S.Vamsikhan, Advocate for 5th Respondent, No appearance for the Respondents 6,12,13, 16 to 19 & 21 either in person or through an Advocate, Respondents 7,8, 10, 20 & 22 Dismissed vide order of this Court dated 04.09.2017, Respondents 4,9,11, 14 & 15 notice dispensed with (Vide E.B)and this Court, doth order and decree as follows:
1.That the Judgement and decree dated 18.11.2005 in OS.No.128/2004 on the file of the First Additional District Judge (PCR), Tiruchirapalli be and hereby is confirmed and the appeal is dismissed with cost;
(2) that the Appellant / 12th Defendant do pay a sum of Rs.10/- (Rupees Ten Only) to the first respondent being the cost of the Appeal Suit (Cost Memo Not Filed) AS (MD).39 of 2007 memorandum of cases Appellants/Petitioners( )Costs.
Stamp for Vakalatnama 10.00 Advocate's fee ----- Translation Printing/Typing Charges ----- To be paid by the Appellant/Petitioner (to the Respondents) 10.00 By the Respondent 2/3
DESCRIPTION OF PROPERTY Tiruchirappalli District and Taluk, Joint III Sub District Ariyamangalam Village,Iyan Punjai S.F.No.210/1A extent 0.17 cents S.F. No.210/1C extent 0.68 cents in this property bounded on north by Thanjavur Main road; East by vacant site belongs to Balakrishna Chettiar south by vacant site belongs to Nataraja pillai and west by North south street; within this east west 120 feet north south 200 feet in this east west 120 feet, north south 30 feet and the construction shops numbering 10 bearing door Nos.21 to 25 and 27 to 31 property situate opposite to S.I. T.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The I Additional District Judge (PCR), Tiruchirapalli.
Copy to:
The Record Keeper,) 2 copies) V.R. Section, Madurai Bench of Madras High Court, Madurai +2 CC to Mr.R.DEVARAJ,Advocate SR-6033 & 6034 dated 18/02/2021 ) ORDER DATED : 18/02/2021 ========================== DECREE ========================== Nature of Decree Dismissing the AS(MD).
No.39 of 2007 preferred to set aside the Judgement and decree dated 18.11.2005 in OS.No.128/2004 on the file of the 1st Additional District Judge (PCR), Tiruchirapalli.
VB (17.03.2021) 3P 6C 3/3