Madras High CourtSA(MD)/302/2010partly allowed

G.R.Vijayaraman v. G.R.Saantharam

2022-03-18Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.302 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Friday, the Eighteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.302 of 2010 G.R.VIJAYARAMAN ..

Appellant/Appellant/Ist Defendant Vs 1 G.R.SAANTHARAM ..

1st Respondent/1st Respondent/ 1st Plaintiff 2 G.R.SUBBURAMAN ..

2nd Respondent/2nd Respondent/ 2nd Defendant (Notice may be dispensed on 2nd Respondent as he is ex-parte in 1st Appellate Court) Prayer :- This Second Appeal is filed under Section 100 of C.P.C , praying this Court, to set aside the judgment and decree passed in A.S.No.56 of 2009 on the file of the Additional Sub Court, Tirunelveli dated 27.11.2009 confirming the Judgment and Decree in O.S.No.295 of 2005 on the file of the Principal Distrtict Munsif Courtm Tirunelveli dated 12.10.2007 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.R.T.Arivukumar for Mr.N.Retnasamy, Advocate for the Appellant and of Mr.D.

Srinivasa Raghavan for Mr.S.P.

(1) That the judgments and decrees of the Courts below be and are hereby modified to the extent that the protection againt demolition be and is hereby given in respect of the staircase portion alone, https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.302 of 2010

(2) That there be no costs in this Second Appeal. SCHEDULE OF PROPERTY Vide in Seperate Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Additional Subordinate Judge, Tirunelveli

2. The Principal District Munsif, Tirunelveli Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.N.RETNASAMY, Advocate ( SR-13109 dated 21/03/2022 ) +1 CC to M/s.S.P.MAHARAJAN, Advocate ( SR-13150 dated 21/03/2022 ) ORDER DATED : 18/03/2022 ========================== DECREE + JUDGEMENT ========================== SA(MD). No.302 of 2010 Allowing in Part the SA(MD).

No.302 of 2010, preferred againstjudgment and decree passed in A.S.No.56 of 2009 on the file of the Additional Sub Court, Tirunelveli dated 27.11.2009 confirming the Judgment and Decree in O.S.No.295 of 2005 on the file of the Principal Distrtict Munsif Courtm Tirunelveli dated 12.10.2007 etc.

as stated within.

RK(13/04/2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2