Madras High CourtAS(MD)/42/2012dismissed

S.Pakalavan v. M.Sethuraman (Died)

2023-03-15Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Wednesday, the Fifteenth day of March,Two Thousand and Twenty Three PRESENT The Hon'ble Mr.Justice N.SATHISH KUMAR S.Pakalavan ... Appellant/Plaintiff Vs.

1. M.Sethuraman (Died)

2. P.Vijayamani ... Respondents 1and 2/Defendants

3. S.Nagarathinam ... 3rd Respondent/LR of the deceased R1 (R3 is brought on record as LR of the deceased R1 vide Order dated 26.08.2022 made in CMP(MD) No.7145 of 2022) Prayer :- This Appeal Suit filed under Section 96 of the Civil Procedure Code, as against the Judgment and Decree of the Additional District Judge, Additional District Court/Fast Track Court No.2, Madurai dated 18.06.2010 made in O.S. No.514 of 2004. Decree:

This Appeal Suit coming upon for final hearing on this day, upon perusing the Memorandum of Grounds of Appeal, Judgment and Decree of the Lower Court and the material papers available to the suit, upon hearing the arguments of Mr.T.Selvan, Advocate for the Appellant herein, Mr.S.Anand Chandrasekar, Advocate for the second Respondent, and of Mr.C.Ezhilarasu, Advocate for the third Respondent herein, this Court doth order and decree as follows:

1. That the Judgment and Decree dated 18.06.2010 passed in O.S. No.514 of 2004 on the file of the Additional District Court/Fast Track Court No.2, Madurai be and are hereby confirmed and the Appeal Suit is dismissed;

2. And that there be no costs in this Appeal. 1/3

Schedule of Property

1. Madurai North Taluk, Vandiyoor Village, Re-survey No.192/1 an extent of 1 Acre and 14 cents bounded by North : East-West Vaikkal South : East-West Vaikkal East : Muthusamy Karuppiah Nanja West : Arumugam Pillai Vagaiyara lands

2. Madurai North Taluk, Vandiyoor Village, Vadakku Theru, Door No.1/172 (Old Door No.1/56) Natham Survey No.244/5) bounded by North : East-WEst lane East : Common lane South : Common wall and Lakshmana Pillai house West : North South Street within the boundaries east west 42' North-south 38' buildings electric service and site.

Sd/- Assistant Registrar (AS) // True Copy // /05/2023 Sub Assistant Registrar(CS) To The Additional District Judge, The Additional District Court/Fast Track Court No.2., Madurai.

Copy to:

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (2 COPIES).

+1 CC to M/s.SARVABHAUMAN ASSOCIATES, Advocate ( SR-15486[F] dated 16/03/2023 ) +1 CC to M/s.T.SELVAN, Advocate ( SR-15255[F] dated 15/03/2023 ) 2/3

ORDER DATED : 15/03/2023 ========================== DECREE -------------------------- Dismissing the Appeal in AS (MD). No.42 of 2012 preferred against judgment and decree of the Additional District Court/Fast Track Court No.2, Madurai dated 18.06.2010 etc.

as stated within.

dks SI/(29.05.2023) 3P/ 6C 3/3