N.Sekar v. Rajeswari
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction ) Monday the Eleventh day of April Two Thousand Twenty Two PRESENT THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.N.Sekar 2.R.Rani 3.K.Malliga ... Appellants/Defendants 3 to 5 vs.
1.Rajeswari ... 1st Respondent/Plaintiff 2.N.Indirani 3.R.Shanthi 4.N.Kumar 5.N.Senthilkumar 6.N.Saravanan 7.Lalitha (Died) 8.T.Kavery 9.T.Madhavan 10.T.Sasikumar 11.T.Sakila 12.J.Maharani 13.J.Prabakaran 14.J.Kopinathan 15.J.Sugumar 16.J.Sintha (Minor) (Represented by her natural guardian and mother maharani) 17.S.Rajendran 18.S.Devadass 19.M.I.Mohammed Sarook 20.M.I.Mohammed Niyas (Respondents 19 and 20 impleaded vide order dated 15.06.2016 in M.P.1&2/15) 21.Sekar 22.Ravi 23.Kamal 24.Senthil 25.Murali 26.Gopi ... Respondents (Respondents 21 to 26 are brought on record as LRs of the deceased 7th respondent vide order dated 10.03.2022 in CMP(MD)No.1564 of 2022) 1/3
Appeal filed under Section 96 of the Civil Procedure Code, against the decree and judgment passed in O.S.No.13 of 2004 dated 30.09.2005 on the file of Additional District Court/Fast Track Court No.II, Pattukkottai.
DECREE: This Appeal Suit is coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decree of the trial Court and the material papers in the suit and upon hearing the arguments of Mr.P.Thirumahilmaran, Advocate for the Appellants, Mr.K.Ramanathan, Advocate for the 1st respondent, Mr.H.Arumugam, Advocate for the Respondents NO.2 to 5, Mr.S.Deenadhayalan, Advocate for the Respondents NO.12,14 to 16, Mr.A.Arumugam, Advocate for R19&20, Mr.A.Rishab, Advocate for the Respondents No.21 to 26 and none appeared for 6th respondent either in person or through counsel, while partly allowing the Appeal Suit, this Court doth order and decree as follows:
i.that the Appeal is partly allowed and the judgment and decree passed in O.S.No.13 of 2004 dated 30.09.2005 on the file of Additional District Court/Fast Track Court No.II, Pattukkottai are modified.
ii.that the Plaintiff is declared entitled to 1/7th share in the suit properties.
iii.that the defendants 3 to 5 would each be entitled to 1/42 share. iv.that the defendants 7 to 10 would each be entitled to 1/56 share. v.that the plaintiff would be at liberty to seek a final decree as well as mense profit under Order 20 Rule 12 of CPC. vi.that the second plaintiff is not entitled to any right over the suit properties.
vii.that in other respects, the decree of the trial court is confirmed.
viii.that the parties are directed to bear their own costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl : Copy of Schedule of Properties 2/3
TO The Additional District Judge, Fast Track Court No.II, Pattukkottai.
Copy to The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +2 ccs to M/s.K.Ramanathan,Advc, SR18779 +1 cc to M/s.H.Arumugam,Advc, SR18753 +1 cc to M/s.S.Deenadhayalan,Advc, SR18711 +1 cc to M/s.Ajmal Associates,Advc, SR18167 +1 cc to M/s.P.Thirumahilmaran,Advc, SR17781 DATED : 11.04.2022 DECREE AS(MD). No.98 of 2006 Nature of Decree:- partly allowing the Appeal suit preferred against the decree and judgment passed in O.S.No.13 of 2004 dated 30.09.2005 on the file of Additional District Court/Fast Track Court No.II, Pattukkottai., etc., as stated therein.
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