Madras High CourtSA(MD)/156/2010dismissed

Seenivasan(Died) v. Jeyaraman(Died)

2022-03-31Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Thirty First day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Seenivasan (Died)

2. Rengasamy

3. Loganathan (Died) ... Appellants / Appellants / Plaintiffs

4. Karthikayani

5. Padmavathi (Appellants 4 & 5 were brought on record as LRs. of the deceased 3rd appellant vide order dated 08.02.2019 made in C.M.P.(MD)No.7428 to 7430 of 2018)

6. S.Lakshmi

7. S.Senthilkumar

8. S.Sivakumar

9. S.Sasikumar (Appellants 6 to 9 were brought on record as LRs. of the deceased 1st appellant vide Order dated 24.02.2022 in C.M.P.(MD) No.1347 of 2022) ... Appellants Vs.

1. Jeyaraman (Died)

2. Lakshmiammal

3. Saradha 1/3

4. Selvi ... Respondents / Respondents / Defendants

5. Rukmani

6. Venkatesh

7. Elavarasan

8. Chakkaravarthy (R-5 to R-8 were brought on record as LRs. of the deceased R-1 vide Order dated 08.02.2019 in M.P.(MD)No.1 of 2010) ... Respondents Prayer in S.A.(MD) NO.156 of 2010:- Second Appeal filed under Section 100 of C.P.C, against the judgement and decree passed in A.S.NO.130 of 2007 on the file of the 2nd Additional Subordinate Judge, Madurai dated 31/08/2009 confirming the judgement and decree passed in O.S.NO 294 of 1999 on the file of the District Munsif Court, Tirumangalam dated 30.07.2007.

DECREE:- This Second Appeal coming on for hearing on this day; upon perusing the Grounds of Appeal and the judgments and decrees of the Lower Appellate Court and the material papers in the Suit and upon hearing the arguments of MR.M.P.SENTHIL, Advocate for the Appeallant, and MR.K.HEMAKARTHIKEYAN, Advocate for Respondents 2 to 4 and 8, and Respondents 6 and 7 not appeared either in person or by an advocate, this Court doth order and decree as follows:

(1) That, the judgment and decree passed in A.S.NO.130 of 2007 on the file of the 2nd Additional Subordinate Judge, Madurai dated 31/08/2009 confirming the judgement and decree passed in O.S.NO 294 of 1999 on the file of the District Munsif Court, Tirumangalam dated 30.07.2007, be and hereby is confirmed and the Second Appeal is dimissed:

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

1. The 2nd Additional Subordinate Judge, Madurai

2. The District Munsif, Tirumangalam Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-16006 ) ORDER DATED : 31/03/2022 ========================== DECREE ========================== Nature of Decree:- Dismissing the Second Appeal preferred against judgement and decree passed in A.S.NO.130 of 2007 on the file of the 2nd Additional Subordinate Judge, Madurai dated 31/08/2009 confirming the judgement and decree passed in O.S.NO 294 of 1999 on the file of the District Munsif Court, Tirumangalam dated 30.07.2007 etc., as stated within.

ck(CO) TR(06.06.2022) 3P 6C 3/3