Madras High CourtSA(MD)/323/2010dismissed

Thirunavukkarasu (Died) v. Udayakumar

2022-03-01Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.323 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the First day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.323 of 2010

1. Thirunavukkarasu (Died)

2. T.Kothai

3. S.Umadevi

4. T.Sivakumar

5. M.Thennagaselvi ... Appellants/Appellants/1st Defendant and LRs of the 1st Defendant.

(Appellants 2 to 5 are suo motu brought on record as LRs of the deceased sole Appellant vide order dated 25.02.2022) Vs

1. Udayakumar ...1st Respondent/1st Respondent/Plaintiff

2. Karnan ...2nd Respondent/2nd Respondent/2nd Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree of the Sub Court, Sivagangai, dated 06.10.2009 made in Appeal Suit No.97 of 2005, confirming the Judgment and Decree of the Court of the Principal District Munsif, Sivagangai made in Original Suit No. 250 of 2004 dated 23.09.2005. 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.K.ANBARASAN, Advocate for the Appellants and of Mr.P.PRABHAKARAN, Advocate for the first respondent, this Court doth order and decree as follows:-

(1) That, the Judgment and Decree of the Sub Court, Sivagangai, dated 06.10.2009 made in Appeal Suit No.97 of 2005, confirming the Judgment and Decree of the Court of the Principal District Munsif, Sivagangai made in Original Suit No. 250 of 2004 dated 23.09.2005 be and hereby are confirmed and this Second Appeal is dismissed and

(2) That, there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.323 of 2010 To

1) The Sub Judge, Sivagangai.

2) The Principal District Munsif, Sivagangai. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.P.PRABHAKARAN, Advocate ( SR-9132 ) +1 CC to Mr.G.MOHAN KUMAR, Advocate ( SR-9375 ) ORDER DATED : 01/03/2022 ========================== DECREE ========================== SA(MD). No.323 of 2010 Nature of Decree:- Dismissing the Second Appeal preferred againstthe judgment and decree of the Sub Court,Sivagangai, dated 06.10.2009 made in Appeal Suit No.97 of 2005, confirming the Judgment and Decree of the Court of the Principal District Munsif Court, Sivagangai made in Original Suit No. 250 of 2004 dated 23.09.2005 and etc., as stated within.

RK(08/04/2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2