Madras High CourtSA(MD)/291/2010dismissed

V.Kumaresan v. The District Collector

2022-03-21Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.291 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Twenty First day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.291 of 2010

1. V.KUMARESAN

2. K.SUMATHI ... Appellants/Appellants/ Defendants 1 & 2 Vs 1 THE DISTRICT COLLECTOR MADURAI DISTRICT, (NOW REFERRED AS THE, DISTRICT COLLECTOR, THENI DISTRICT.) ... 1st Respondent/1st Respondent/ 3rd Defendant 2 INDIRA SUBRAMANIAN 3 T.S.PRABHAKAR 4 T.S.SUTHAKAR ... Respondents 2 to 4/ Respondents 2-4/Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 16.12.2005, made in A.S.No.10 of 2005 by the Subordinate Judge, Uthamapalayam, confirming the judgement and decree, dated 16.12.1997 made in O.S.No.30 of 1991 by the District Munsif, Uthamapalayam.

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 , https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.291 of 2010 Mr.A.Arumugam Advocate for M/S.Ajamal Associates for the appellants and of Mr.N.Muthu Vijayan Special Government Pleader for First Respondent, and of Mr.S.Madhavan Advocate for the Respondents 2 and 3 , and Fourth Respondent not appeared either in person or by an Advocate this Court doth order and decree as follows:- (i) that the Judgment and Decree of the Subordinate Judge, Uthamapalayam dated dated 16.12.2005, made in A.S.No.10 of 2005 confirming the judgment and decree of the District Munsif, Uthamapalayam dated 16.12.1997 made in O.S.No.30 of 1991 be and are hereby confirmed and the Second Appeal is dismissed and ; (ii) that there be no costs in the Second Appeal Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Subordinate Judge, Uthamapalaym,

2. The District Munsif, Uthamapalaym, Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.A.Arumugam Advoate ( SR-13376 /2022 ) +1 CC to M/s.S.MADHAVAN, Advocate ( SR-13270 /2022 ) +1 CC to M/s.SPL GP ( SR-13527 /2022 ) ORDER DATED : 21/03/2022 ========================== DECREE ========================== SA(MD). No.291 of 2010 Nature of Decree:- Dismissing the Second Appeal preferred against to set aside the Judgment and decree dated 16.12.2005 passed in A.S. No.10 of 2005 on the file Learned the Principal Subordinate Judge Uthamapalayam confirming the Judgment and decree dated 16.12.1997 passed in O.S. No.30 of 1991 on the file of the District Munsif, Uthamapalayam and etc., as stated within.

MGJ(18.04.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2