Madras High CourtSA(MD)/593/2009dismissed

Rengaiah Konar(Died) v. Lakshmi

2021-07-29Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty Ninth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN 1.Rengaiah Konar (died) ... Appellant/Respondent/Defendant 2.Krishna Konar 3.S.Rengu 4.Ramanujam ... Appellants (A3 and A4 are brought on record as LRs of the deceased first appellant vide order dated 14.06.2017 made in C.M.P.(MD)No.5064 of 2013 in S.A.(MD)No.593 of 2009 by NSSJ) Vs.

1.Lakshmi ... 1st Respondent/Appellant/Plaintiff 2.Rajendran 3.Ganesan 4.Annadurai 5.Rengammal, D/o.Silampayee

...Respondents 2 to 5/Respondents 1 to 4/

Respondents 1 to 4 6.Kaliyammal (Died) 7.Srinivasan 8.Angammal 9.Patchaiyammal 10.Ramanathan 11.Govindhammal 12.Notchiyammal 13.Chellaiah Udaiyar 14.Chellakkannu Udaiyar 15.Rajamani ... Respondents 6 to 15/Respondents 7 to 16/ Respondents 7 to 16 16.K.Arumugam 17.C.Ramu 18.Rengammal, W/o. Rengaiah 19.Chellam 20.Rani (R16 to R20 are brought on record as LRs of 1/3

the deceased R6 vide order dated 23.01.2015 made in M.P.(MD)No.3 of 2013 in S.A.(MD)No.593 of 2009 by CSKJ) 21.Ramanathan ... Respondents (R21 is brought on record as LRs of the deceased first appellant vide order dated 14.06.2017 made in C.M.P.(MD)No.5064 of 2013 in S.A.(MD)No.593 of 2009 by NSSJ) Prayer : Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree in A.S.No.23 of 2004, dated 07.02.2008 on the file of the Additional District Judge (Fast Track Court), Pudukkottai, reversing the judgment and decree in O.S.No.209 of 1990, dated 26.07.2002 on the file of the Sub Court, Pudukkottai.

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.K.Balasundaram, Advocate for the Appellants and of Mr.N.Balakrishnan, Advocate for the first respondent, and the respondents 3,4,16 to 20 not appeared either in persons or through their counsel, respondents 2,5,7 &9 to 15 are given up and of respondents 6 & 8 are died and this Court doth order and decree as follows:-

(1) That the Judgment and Decree of the Additional District Judge (Fast Track Court) Pudukkottai dated 07.02.2008 made in Appeal Suit No.23 of 2004, reversing the judgment and decree of the Sub Court, Pudukkottai made in Original Suit No. 209 of 1990 dated 26.07.2002 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) 2/3

TO 1.The Additional District Judge (Fast Track Court), Pudukkottai 2.The Sub Court, Pudukkottai Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 29/07/2021 ========================== DECREE ========================== Nature of Decree:- Dismissing the Second Appeal preferred against the Additional District Judge (Fast Track Court) Pudukkottai dated 07.02.2008 made in Appeal Suit No.23 of 2004, reversing the judgment and decree of the Sub Court, Pudukkottai made in Original Suit No. 209 of 1990 dated 26.07.2002 and as stated within.

KM(CO) TR(17.12.2021) 3P 5C 3/3