Ganaguruparan v. Karur Vysya Bank Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Eleventh day of December, Two thousand and seventeen PRESENT THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.704 of 2017 1.Gnanagurupuran ...Appellant Vs.

Karur Vysya Bank Ltd., Shares Department Central, Erode Road, Karur.

... Respondent Civil Miscellaneous Appeals are filed under Section 384 of Indian Succession Act, 1925, to set aside the order dated 21.03.2017 in S.O.P.No.2 of 2015 on the file of the Principal District Judge, Karur.

DECREE: This Civil Miscellaneous Appeal is coming on for hearing on this day and upon perusing the grounds of Appeals, the judgment and decree of the Lower court and the material papers in the Appeal and upon hearing the arguments of Mr.T.K.Gopalan, Advocate for the Appellant and Mr.R.Pandivel, Advocate for the first respondent, and Mr.S.Srinivasa Raghavan, Amicus Curiae and as directed Mr.B.Pugalendhi, Additional Advocate General, assisted by the Court, this Court while dismissing this appeal doth order and decree as follows:

1.That the Judgment and Decree dated 21.03.2017 in S.O.P.No.2 of 2015 on the file of the Principal District Judge, Karur be and hereby are confirmed with following directions and this Appeal is dismissed.

2.That the Trial Court be and hereby directed to compute the market value payable on the securities in question and intimate the same to the respondent Bank;and 3.That the respondent bank do and hereby directed to remit the amount intimated by the trial Court, directly to the credit of S.O.P.No.2 of 2015 on the file of the Principal District Court, Karur, within the period as directed by the Trial court; and 4.That the liability of the respondent herein/bank to the certificate holders correspondingly reduced;

https://hcservices.ecourts.gov.in/hcservices/ 5.That the trail court be and hereby directed to issue

succession certificate as prayed for after completion of due formalities.

6.That there be and hereby no costs in this Civil Miscellaneous Appeal.

Sd/ Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To The Principal District Judge, Karur.

Copy to:

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.PT.S.NARENDRAVASAN, Advocate, SR.No. 92158 +1cc to Mr.R.PANDIVEL, Advocate, SR.No.92046 +1cc to M/s.Special Government Pleader,SR.No. 92388 DATED: 11.12.2017 DECREE C.M.A.(MD)No.704 of 2017 Dismissing the Appeal preferred against the Judgment and decree Principal District Judge, Karur dated 31/01/2017 made in S.O.P.No.2/2015 KK/SV MMS/20.04.2018/SAR-4/2P-7C https://hcservices.ecourts.gov.in/hcservices/