Madras High CourtSA(MD)/805/2008allowed

Ponnusamy Nadar (Died) v. Sudar Olivu Nadar

2021-08-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty Sixth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.805 of 2008 1)PONNUSAMY NADAR (DIED) ...Appellant/Appellant/Defendant 2)RAMASAMY 3)PATTAMUDAIAN 4)GANESAN 5)SERMAKANI 6)THENNAMMAL 7)PUSHPAM 8)UCHIMAKALI 9)PONNUTHURAI 10)SURYARAMYA 11)MUTHUSUDHA 12)AATHI SELVAM (Appellants 2 to 12 are brought on record as Lrs.of the deceased sole appellant vide Order dated 6.7.2021 made in C.M.P.(MD) Nos.5263,5298,5299,5302,5303 AND 5304 of 2021) ... Appellants Vs SUDAR OLIVU NADAR ... Respondent/Respondent/Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the learned Sub Judge, Ambasamudram, dated 12.02.2007 in A.S.No.90 of 2006 confirming the judgment and decree of the Additional District Munsif, Ambasamudram dated 12.06.2006 in O.S.No.198 of 2004.

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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 T.S.R.VENKAT RAMANA, Advocate for the Appeallant and of M.GA.NATRAJ, Advocate for the respondent, while allowing this Appeal, doth order and decree as follows:

1) That, the judgment and decree of the learned Sub Judge, Ambasamudram, dated 12.02.2007 in A.S.No.90 of 2006 confirming the judgment and decree of the Additional District Munsif, Ambasamudram dated 12.06.2006 in O.S.No.198 of 2004 be and hereby is set aside and the Second Appeal is Allowed;

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1)Sub Judge, Ambasamudram.

2)The Additional District Munsif, Ambasamudram. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 26/08/2021 ========================== DECREE ========================== SA(MD). No.805 of 2008 Nature of Decree:- Allowing the Second Appeal preferred against the judgment and decree of thelearned Sub Judge, Ambasamudram, dated 12.02.2007 in A.S.No.90 of 2006 confirming the judgment and decree of the Additional District Munsif, Ambasamudram dated 12.06.2006 in O.S.No.198 of 2004, etc., as stated within.

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