Thanikodi v. R.Rj.Pandiarasan(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Second day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN A.S.No.54 of 2013 and M.P.No.2 of 2013 THANIKODI ... APPELLANT/PLAINTIFF Vs 1.R.J.PANDIARASAN(DIED) 2.T.R.PRABAHARAN 3.N.P.RAMADOSS 4.T.DEIVEEGARAJ ... RESPONDENTS/DEFENDANTS 5.P.SULOCHANA, 6.P.PALANIVELRAJAN 7.P.KRISHNARAJAN 8.P.SELVARANI ... RESPONDENTS RR5 TO 8 ARE BROUGHT ON RECORD AS LRS OF DECEASED R1 VIDE COURT OORDER DT16.06.17 MADE IN CMP.NOS.1058 TO 1060/17 IN AS(MD)54/13 BY CVKJ Prayer :- Appeal filed under Section 96 of the Civil Procedure Code, against the Judgment and Decree passed in O.S.No.90 of 2004, dated 16.06.2009 on the file of the Additional District Court / FTC No.1, Madurai.

Decree:- This Appeal Suit came up final hearing on this day, upon perusing the Memorandum of Grounds of Appeal, the Judgment and Decree of the Lower Court, upon perusing the material records of the case, and upon hearing the arguments of Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi, Advocate for the Appellant and Mr.Babu Rajendran, Advocate for the Respondents 3 to 8 and Respondent No.2 dismissed vide Court Order dt.22.06.2018, this Court while allowing this Appeal, doth order and decree as follows:- i)That the Judgment and Decree dated 16.06.2009 made in O.S.No.90 of 2004 on the file of the Additional District Court, FTC No.1, Madurai, be and hereby is set aside and the Appeal Suit is Allowed; 1/4

ii)That the Respondents herein/Defendants be and hereby are directed to pay the plaintiff a sum of Rs.2,98,000/- (two Lakhs and Ninety eight Thousand Only) with interest at the rate of 6% per annum from 03.10.1997 till the date of payment;

iii)That the Appellant herein/Plaintiff be and hereby is entitled to charge over the suit property; and iv)That there be no costs in this Appeal Suit. Schedule of Property 2/4

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 3/4

TO The Additional District Judge, Fast Track Court NO.I, Madurai.

Copy to:

The Record Keeper,(2C) V.R. Section, Madurai Bench of Madras High Court, Madurai.

+ 1 CC to M/s.BABU. RAJENDRAN, Advocate SR.No.25052 + 1 CC to M/s.D.NALLATHAMBI, Advocate, SR.No.25108 ORDER DATED : 02/08/2021 ========================== DECREE ========================== A.S.No.54 of 2013 and M.P.No.2 of 2013 Nature of Decree:- Allowing the Appeal Suit preferred against the Judgment and Decree dated 16.06.2009 made in O.S.No.90 of 2004 on the file of the Additional District Judge, FTC NO.I, Madurai.

KB(10.11.2021) 4P 6C 4/4