Madras High CourtSA(MD)/437/2007dismissed

Lakshminarayanan v. Raju @ Kuppa Reddy (*Died)

2019-08-20Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Tuesday, the Twentieth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN SA(MD). No.437 of 2007

1. LAKSHMINARAYANAN,

2. VIDYALAKSHMI ... Appellants/Appellants/Plaintiffs Vs 1 RAJU @ KUPPA REDDY (*DIED) 2 ATHIMUTHU 3 HARI BALAKRISHNAN 4 OVAMMAL 5 MUTHU REDDIAR 6 KUMARASAMY REDDIAR 7 SENNAMMAL 8 NARANAMMAL 9 SUBBULAKSHMI 10 SORNAMBIKAI 11 SUBBULAKSHMI, W/O. LATE RAJU @ KUPPA REDDY, (*R11 BROUGHT AS LRS OF, R1 VIDE ORD.DT.10.7.18 IN CMP. 6845 &, 6846/17 IN SA.437/07 BY MSJ.

... Respondents/Respondents 1, 3, 5 to 12 / Defendants 1, 3,5 to 12 Prayer:- Second Appeal filed under Section 100 of Civil Procedure code, preferred against the judgment and decree dated 25.08.2006, made in A.S.No.5 of 2006 of the file of Subordinate Judge, Kovilpatti, confirming the Judgment and decree dated 18/01/2005, made in O.S. No.29 of 2004 on the file of the District Munsif, Vilathikulam.

DECREE:- This Second Appeal coming on Thursday, the Eleventh day of July Two thousand and ninteen for hearing, 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.K.SRINIVASAN, SENIOR ADVOCATE FOR MR.M.P.SENTHIL, Advocate for the Appellant and of MR.AR.L.SUNDARESAN, SENIOR COUNSEL FOR MR.G.CHANDRASEKAR, Advocate for second and fifth to tenth respondents, MR.R.BALAKRISHNAN, Advocate for the eleventh respondent, and having stood over for consideration till this date this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 25.08.2006 in A.S. No.5 of 2006 on the file of the Subordinate Court, Kovilpatti be and hereby is confirmed and this appeal is dismissed.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Encl:

Xerox copy of the Schedule of Property TO

1. The Subordinate Judge, Kovilpatti

2. The District Munsif, Vilathikulam Copy to:

The Section Officer, (2 Copies) V.R. Section, Madurai Bench of Madras High Court, Madurai

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-82633 dated 21/08/2019 ) +2 CC to M/s.G.CHANDRASEKAR, Advocate ( SR-82307 dated 20/08/2019 ) ORDER DATED : 20/08/2019 ========================== DECREE ========================== SA(MD). No.437 of 2007 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dated 25.08.2006, made in A.S.

No.5 of 2006 of the file of Subordinate Judge, Kovilpatti confirming the Judgment and decree dated 18/01/2005, made in O.S. No. 29 of 2004 on the file of the District Munsif, Vilathikulam etc., as stated within.

JMN(20.09.2019) 3P : 8C