Madras High CourtSA(MD)/401/2010dismissed

Nagarajan (Died) v. The District Collector

2022-02-28Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.401 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.401 of 2010 1.NAGARAJAN (DIED) 2.PUSHPAMMAL 3.RAJALAKSHMI 4.SHANMUGAVALLI 5.PALANICHAMY 6.BALASUBRAMANIAN ... Appellant/1st Respondent/Plaintiff (Appellants 2 TO 6 are brought on record as Lrs of the deceased sole appellant vide court order dated 11.02.2022 made in CMP(MD) Nos.2155, 2156, 2157 & 2158/2017 Vs 1 THE DISTRICT COLLECTOR RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2 THE TAHSILDAR PARAMAKUDI TALUK, RAMANATHAPURAM DISTRICT.

3 THE COMMISSIONER PARAMAKUDI PANCHAYAT UNION, PARAMAKUDI TALUK, RAMANATHAPURAM DISTRICT. ... Respondents / Appellants / Defendants 6 to 8 4 RAKAPPA KONAR 5 BOOBATHI 6 SUBRAMANIAN 7 MALAICHAMY 8 ARUMUGAM ... Respondents/Respondents 2-6/Defendants 1- 5 Prayer:- Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 26/11/2009 made in Appeal Suit No.31 of 2009 on the file of the Subordinate Judge, Paramakudi,reversing the Judgment and Decree dated 18/09/2007 made in Original Suit No.147 of 2005 on the file of the District Munsif , Paramakudi.

DECREE:- This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.401 of 2010 Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of , Mr.M.P.T.S.Narendravasan advocate for the appellants, Mr.N.Muthu Vijayan, Special Government Pleader for the respondents 1 and 2, Mr.M.Rajarajan advocate for the third respondent, and Mr.K.Mahendran, advocate for the respondents 4to8, this Court doth order and decree as follows:-

(1) That the Judgment and Decree of the Subordinate Judge, Paramakudi dated 26/11/2009 made in Appeal Suit No 31 of 2009 reversing the Judgment and Decree dated 18/09/2007 made in Original Suit No.147 of 2005 on the file of the District Munsif , Paramakudi be and hereby are confirmed thia 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) TO 1.The Subordinate Judge, Paramakudi.

2.The District Munsif, Paramakudi.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.MAHENDRAN, Advocate ( SR-9083 dated 28/02/2022 ) ORDER DATED:28/02/2022 ========================== DECREE ========================== SA(MD). No.401 of 2010 While Dismissing this Second Appeal preferred against the Judgment and Decree dated 26/11/2009 made in Appeal Suit No.31 of 2009 on the file of the Subordinate Judge,Paramakudi,reversing the Judgment and decree,dated 18/09/2007 made in Original Suit No.147/2005 on the file of the District Munsif Paramakudi and etc.,as stated within.

RD(28.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2