Madras High CourtSA(MD)/205/2010dismissed

A.Ramasubbu, (Died) v. R.Ranjitham

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. A.RAMASUBBU (Died) ... Appellant/Appellant/1st Defendant

2. R.Shanthi

3. Azhagu Sudalaimani

4. Ramalakshmi

5. Esai Ayyappan (Minor rep. by guardian, mother & friend 2nd appellant Shanthi) (Appellants 2 to 5 were brought on record as LRs. of the deceased sold appellant vide Order dated 03.01.2014 in M.P.(MD)No.1 & 2 of 2011) ... Appellants (LRs of the deceased 1st appellant) Vs

1. R.Ranjitham

2. R.Sivagnanammal

3. D.Somasundaram

4. P.Monimala

5. P.Thamizh Selvi

6. P.Alageswari

7. Palani

8. P.Viji 9 P.Lakshmi @ Usha

10. P.Prabha

11. A.Ramalingam (Died)

...Respondents/Respondents/Plaintiffs 1,3,6 to 13

and 2nd Defendant.

12. Esakki Ammal, W/o.Late Ramalingam,

13. Esakki Ammal, D/o.Late Ramalingam,

14. R.Alagusabaris ... Respondents(LRs of the Deceased 11th Respondent) (R12 to 14 are suo motu impleaded as LRs of the deceased 11th Respondent) 1/3

Prayer:- Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal Subordinate Judge, Nagercoil, dated 22.06.2009 made in Appeal Suit No.91 of 2007, confirming the judgment and decree of the Court of the Principal District Munsif, Nagercoil made in Original Suit No. 971 of 1991 dated 12.04.2007. DECREE:- This Second Appeal coming on for hearing on this day, 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.S.RAMESH for Mr.V.RAGHAVACHARI, Advocate for the Appellant and of Mr.M.P.SENTHIL, Advocate for the Respondents 1,2 and 7 to 10 and the Respondents 3 to 6 and 12 to 14 not appeared either in person or by an Advocate, this Court doth order and decree as follows:-

(1) That, the Judgment and Decree of the Principal Subordinate Judge, Nagercoil, dated 22.06.2009 made in Appeal Suit No.91 of 2007, confirming the judgment and decree of the Court of the Principal District Munsif, Nagercoil made in Original Suit No. 971 of 1991 dated 12.04.2007 be and hereby confirmed and this Second Appeal is dismissed.

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

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ENCL.: Xerox copy of Schedule of Property To

1) The Principal Subordinate Judge, Nagercoil.

2) The Principal District Munsif, Nagercoil.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.V.RAGHAVACHARI, Advocate ( SR-16190 ) +1 CC to Mr.M.P.SENTHIL, Advocate ( SR-16005 ) 2/3

ORDER DATED : 31/03/2022 ========================== DECREE ========================== Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Principal Subordinate Judge, Nagercoil, dated 22.06.2009 made in Appeal Suit No.91 of 2007, confirming the judgment and decree of the Court of the Principal District Munsif, Nagercoil made in Original Suit No. 971 of 1991 dated 12.04.2007 and etc., as stated within.

svs(CO) TR(28.04.2022) 3P 7C 3/3