Madras High CourtAS(MD)/303/2008dismissed

Gomathinayagam v. Vetrivelnathan

2021-07-20Honourable Mr Justice G.R.Swaminathan2 pages

A.S.(MD)No.303 of 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.S.(MD)No.303 of 2008 and M.P.(MD)No.2 of 2008 1.Gomathinayagam 2.A.Santhanalakshmi 3.K.S.Subramanian ... Appellants Vs.

1.Vetrivel Nathan 2.S.Azhwar Janaki (Died) 3.The Assistant Engineer, TNEB (Urban), Vannarpettai, Tirunelveli - 3.

4.G.A.Venugopal 5.Sajee Manikandan 6.Sayee Selvandrakumar ... Respondents (R4 to R6 are brought on record as LRs of the deceased second respondent vide order dated 24.01.2018 made in C.M.P.(MD)Nos.178 to 180 of 2017 in A.S.(MD)No.303 of 2008 by SSSRJ) Prayer: Appeal Suit filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 28.12.2007 passed in O.S.No.50 of 2004 on the file of the learned Fast Track Court No.II (Additional District Judge), Tirunelveli.

For Appellants : Mr.V. Sribalaji For Respondents : Mr.S.Yasar Arafath for R1 Mr.M.Mohan Babu for R3 Mr.S.Meenakhsi Sundaram,Senior Counsel For Mr.J.Alaguram Jothi for R4 to R6 JUDGEMENT Heard the learned counsel on either side.

2.This appeal arises out of the partition suit proceedings. The first respondent herein namely., Vetrivel Nathan filed a suit in O.S.No.50 of 2004 before the learned Additional District Judge, Fast Track Court No.II, Tirunelveli, seeking the relief of partition. By https://hcservices.ecourts.gov.in/hcservices/ 1/2

A.S.(MD)No.303 of 2008 the impugned judgment and decree dated 28.12.2007, the trial Court had granted preliminary decree allotting appropriate shares to all the parties. Questioning the same, this appeal came to be filed. 3.When the matter was taken up for hearing, the learned counsel for the appellants submitted that they do not have grievance regarding the preliminary decree passed by the trial Court. 4.In view of the same nothing survives for further adjudication in this appeal suit. The appeal suit stands dismissed accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Additional District Judge, Fast Track Court No.II, Tirunelveli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2C) +1 CC to M/s.S.YASAR ARAFATH, Advocate(SR-23358[F] dated 20/07/2021) +1 CC to M/s.S.BALASUBRA MANIAN, Advocate (SR-23389[F] dated 22/07/2021) A.S.(MD)No.303 of 2008 20.07.2021 RC (02.08.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2