Muthuvel Thevar v. Senthur Pandi

SA(MD). No.896 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Fourteenth day of August, Two Thousand and Nineteen PRESENT The Hon`ble Mrs.Justice R.THARANI SA(MD). No.896 of 2009 MUTHUVEL THEVAR ... Appellant/Appellant/1st Defendant Vs 1 SENTHUR PANDI 2 SOMASUNDARAM 3 KUMARAYEE (DIED) 4 MUTHIRULANDI 5 INDIRANI 6 KALYANI 7 MURUGESWARI 8 VIJAYARANI 9 MURUGA BOOPATHY 10 AMMASI 11 PANTHANAM ... Respondents/Respondents/Plaintiffs 2-10 & Defendants 2 and 3 (Memo USR-4014 of 2014, recorded as third respondent - died, Respondents 4 to 7 and 9 who were already on record are recorded as legal heirs of the third respondent as per order dated 02.04.2019 ) Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Court of the Subordinate Judge, Paramakudi dated 27.07.2009 made in A.S No.21 of 2008, confirming the judgment and decree of the Court of District Munsif-cum-Judicial Magistrate, Muthukulathur dated 25.04.2008 made in O.S. No.160 of 1995.

DECREE:- This Second Appeal came up for hearing on Monday, the Twenty fourth day of June, Two Thousand and Nineteen, 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.SRINIVASA RAGHAVAN, Advocate for the Appellant and of MR.V.SITHARANJANDAS, Advocate for the Respondents R1, R2 and R4 to R9 (Respondents R3, R10 and R11 not appearing either in person or through Advocate), and having stood over for consideration till this day, this Court doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.896 of 2009

(1) That the Judgment and Decree of both the Courts below be and hereby are confirmed and this appeal is dismissed.

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) ENCL.: XEROX COPY OF SCHEDULE OF PROPERTY.

TO

1. The Subordinate Judge, Paramakudi.

2. The District Munsif-cum-Judicial Magistrate, Muthukulathur. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.V.SITHARANJANDAS, Advocate SR-81569 +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate SR-81687 ORDER DATED : 14/08/2019 ========================== DECREE ========================== SA(MD). No.896 of 2009 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dt. 27.7.2009 made in A.S. No.21 of 2008 on the file of the Subordinate Court, Paramakudi preferred against of the the judgment and decree dt.

25.04.2008 made in O.S. No.160 of 1995 on the file of the District Munsif-cum-Judicial Magistrate, Muthukulathur DKS(CO) TR(25.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2