Madras High CourtSA(MD)/418/2007partly allowed

R.Periyasamy v. Chellappa Gounder (Died)

2021-07-19Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.418 of 2007 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Nineteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.418 of 2007 1 R.PERIYASAMY ... 5th Defendant/Appellant/ Appellant Vs CHELLAPPA GOUNDER (DIED) 1 C.MARAPPAN 2 C.RAMASAMY ...Plaintiffs 2&3/Respondents 2&3/Respondents 3 VISWANATHAN 4 CHELLAMMAL 5 VEERAPPAN KITTUSAMY (DIED) 6 LAKSHMI 7 KARPAGAM 8 KUMAR ...Defendants1to3&6to8/ Respondents 4 to 6 & 8 to10 Respondents (R3 TO R8 WERE SET EXPARTE BEFORE LOWER COURT) Prayer :- Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and Decree dated 31/07/2006 made in AS.32/2005 on the file of Subordinate Court, Karur in confirming the Judgment and Decree dated 28/02/2005 made in OS.552 of 2001 on the file of the Additional District Munsif Court, Karur.

Decree:-This Second Appeal came up for hearing on date, upon perusing the grounds of Appeal, the Judgment and Decree of the Lower https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.418 of 2007 Appellate Court and the Court of First Instance and the material Papers in the suit and upon hearing the arguments of Mr.J.Parekh Kumar , Advocate for the appellant and the first and second respondents are not appeared either in person or through their counsel, doth order and decree as follows:- i) that the the Judgment and Decree dated 31/07/2006 made in AS.32/2005 on the file of Subordinate Court, Karur in confirming the Judgment and Decree dated 28/02/2005 made in OS.552 of 2001 on the file of the Additional District Munsif Court, Karur be and hereby confirmed, and this Second Appeal is dismissed. ii) that there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Subordinate Judge, Karur.

2. The Additional District Munsif, Karur.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai Order Dated: 19/07/2021 Judgment and Decree SA(MD). No.418 of 2007 Dismissing the the SA (MD).

No.418 of preferred against Judgment and Decree dated 31/07/2006 made in AS.32/2005 on the file of Sub Court, Karur in confirming the Judgment and Decree dated 28/02/2005 made in OS.552/2001 on the file of the Addl. District Munsif Court, Karur, etc, as stated within.

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