Madras High CourtAS(MD)/86/2012dismissed

Soundhararajan v. M.Dhanachakravarthi,(Died)

2021-02-09Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR SOUNDHARARAJAN ... Appellant/11th Defendant Vs 1 M.DHANACHAKRAVARTHI,(DIED) ... 1st Respondent/Plaintiff M.KAMALA (DECEASED), AMMU @ KALAICHELVI (DECEASED) CHINNAKULANTHAI (DECASED) 2 SELVARAJ 3 DEVERAJ 4 THIRUGNANACHELVI 5 KASTHURI 6 SANTHAKUMARI 7 EASWARAN 8 NARENDRAN 9 KEERTHI 10 AARTHI 11 ARUN ... Respondents 2 to 11/Defendants 4 to 10 and 12 to 14 ( R1 DIED RR 9 TO 11 WHO ARE ALREADY ON RECORD ARE THE LRS OF THE DECEASED R1 VIDE MEMO IN USR 5383/17 DT.08.12.15 VIDE COURT ORDERED DATED.24.10.16 ) 12 SHANTHI .. 12th Respondent (R12 IS IMPLEADED AS LRS OF THE DECEASED R1 VIDE COURT ORDER DATED 26/8/19 IN CMP(MD)NO.7598 OF 2019) 1/4

Prayer :- The Appeal Suit filed Under Section 96 read with Order 41 Rule 1 of the Civil Procedure Code, against the judgment and decree of the Additional District Judge, Fast Track Court, Dindigul, dated 18/04/2012, passed in Original Suit No.4 of 2005. Decree:- This Appeal came up for hearing on first day of February Two Thousand and Twenty One, upon perusing the Grounds of Appeal, the judgments and decree of the Additional District Judge, Fast Track Court, Dindigul, the material papers in the suit and upon hearing the arguments of Mr. R.Venkataraman, Senior Counsel for Mr.S. Balamurugan, Advocate for the Appellant and the first Respondent having been died, there was no appearance for the respondent Nos.2 to 8, and Mr.S.Meenakshi Sundaram, Senior Counsel for Mr.C.Jeyaprakash, Advocate for the respondent Nos. 9 to 12, having stood over for the consideration till this day, this Court doth order and decree as follows:

1) that the judgement and decree passed by the Additional District Judge, Fast Track Court, Dindigul, dated 18/04/2012, passed in Original Suit No.4 of 2005 be and hereby is confirmed and the Appeal Suit is Dismissed; and

2) that there shall be no order as to costs.

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Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Additional District Judge, Fast Track Court, Dindigul.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.- 2 copies +1 CC to M/s.S.BALA MURUGAN, Advocate ( SR-4108 dated 09/02/2021 ) +1 CC to M/s.C.JEYAPRAKASH, Advocate ( SR-4055 dated 09/02/2021 ) 3/4

ORDER DATED : 09/02/2021 ========================== DECREE ========================== Nature of Decree:- Dismissing the Appeal Suit preferred against judgment and decree passed by the Additional District Judge, Fast Track Court, Dindigul, dated 18/04/2012, made in Original Suit No.4 of 2005 etc., as stated within.

na(CO) TR(03.03.2021) 4P 6C 4/4