Madras High CourtSA(MD)/1053/2007allowed

Thiru.Kamatchi v. Kottaiammal

2021-07-14Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.1053 of 2007 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( CIVIL APPELLATE JURISDICTION ) WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN SA(MD). NO.1053 OF 2007

1. KAMATCHI

2. GANASAN

3. JEGANATHAN

4. NAGARAJAN

5. ARUMUGAM ... Appellants/ Respondents 1 to 4 & 6/ Defendants 1 to 4 & 6 Vs 1 KOTTAIAMMAL ... 1st Respondent/ Appellant/Plaintiff 2 THANGARASU 3 RAMALAKSHMI ... Respondents 2 & 3/Respondents 5 & 7/ Defendants 5 & 7 Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 07/12/2006, made in Appeal Suit No. 30 of 2006, on the file of the Subordinate Court, Ramanathapuram reversing the judgment and decree dated 07.03.2006 made in Original Suit No. 42 of 2001 on the file of the District Munsif and Judicial Magistrate Court, Thiruvadanai and the same is liable to be set aside.

DECREE:- This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of MR. S. RAMU, Advocate for the Appellants and of MR. PT.S. NARENDRAVASAN, Advocate for the 1st respondent, MR. R.MURUGESAN, Advocate for the 2nd respondent, 3rd respondent has not appeared either in person or by an Advocate, this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 07/12/2006, made in Appeal Suit No. 30 of 2006, on the file of the Subordinate Court, Ramanathapuram, be and hereby is set aside and this Second Appeal is allowed and https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.1053 of 2007

(2) That there be no costs in this Appeal.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ENCL: Xerox Copy of Schedule of Property To

1. The Subordinate Judge, Ramanathapuram.

2. The District Munsif and Judicial Magistrate, Thiruvadanai. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies + 1 cc to Mr. S. Ramu, Advocate (Sr. No. 933677, dated 15/07/21) ORDER DATED : 14/07/2021 ========================== DECREE ========================== SA(MD). No.1053 of 2007 Nature of Decree:- Allowing the Second Appeal preferred against the judgment and decree dated 07/12/2006, made in Appeal Suit No. 30 of 2006, on the file of the Subordinate Court, Ramanathapuram reversing the judgment and decree dated 07.03.2006 made in Original Suit No. 42 of 2001 on the file of the District Munsif and Judicial Magistrate Court, Thiruvadanai and the same is liable to be set aside and etc., as stated within.

Se(CO) GC(08.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2