Madras High CourtSA(MD)/707/2007dismissed

D.Peer Mohamed v. Baby @ Mulukur Beevi

2021-07-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixth day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.707 of 2007 D.PEER MOHAMED, ... Appellant/Appellant/1st Defendant Vs 1 BABY @ MULUKUR BEEVI ... 1st Respondent/1st Respondent/Plaintiff 2 K.E.NAGOOR MEERAN 3 AHAMED MEERAL BEEVI @ KANIAMMAL 4 MOHAMMATHAMMAL @ CHINNA PILL 5 MOHAMMED MALKKAR 6 SAHUL HAMEED 7 DIWAN BEEVI JANITHA (Respondents 2 to 7 were ex-parte before the Lower Court, Notice need not be sent) ... 2 to 7 Respondents/2 to 7 Respondents /Defendant Nos. 3 to 5, 7 to 9 Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal District Judge, Tirunelveli, in Appeal Suit No.178 of 2001 dated 29.11.

2002 confirming the judgment and decree of the Principal Sub Judge, Tenkasi, dated 17/09/1999 made in Original Suit No. 23 of 1990. 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.J.ASHOK, Advocate for the Appellant and of MR. V. MEENAKSHISUNDARAM FOR MR.D.

(1) That the Judgment and Decree in Appeal Suit No.178 of 2001 dated 29.11.2002 on the file of the the Principal District Judge, Tirunelveli confirming the judgment and decree made in Original https://hcservices.ecourts.gov.in/hcservices/

Suit No. 23 of 1990 dated 17/09/1999 on the file of the Principal Sub Judge, Tenkasi, be and hereby is confirmed and this Second appeal is dismissed.

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1. The Principal District Judge, Tirunelveli.

2. The Sub Judge, Tenkasi.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.D.NALLLATHAMBI, Advocate ( SR-21404 dated 06/07/2021 ) +1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-21577 dated 07/07/2021 ) ORDER DATED : 06/07/2021 ========================== DECREE ========================== SA(MD). No.707 of 2007 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree against the judgment and decree of the Principal District Judge, Tirunelveli, in Appeal Suit No.178 of 2001 dated 29.11.2002 confirming the judgment and decree of the Principal Sub Judge, Tenk Suit No. 23 of 1990 and etc., as stated asi, dated 17/09/1999 made in Original within.

CN(16.08.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/