Madras High CourtSA(MD)/411/2010dismissed

Somasundaram (Died) v. Shanmugathai

2022-03-07Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.411 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Seventh day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.411 of 2010

1. T.Somasundaram (Died) ...Appellant/Appellant/2nd Plaintiff

2. Packialakshmi

3. Celina

4. Dinesh Pandian ...Appellants/LRs of 2nd Plaintiff (Appellants 2 to 4 brought on record as LRs of the Deceased Sole Appellant) Vs

1. Shanmugathai

2. Vellathai ... Respondents/Respondents/Defendants Prayer:- Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Sub Court, Sankarankovil, dated 21.01.2010 made in Appeal Suit No.1 of 2009, confirming the judgment and decree of the Court of the Principal District Munsif, Sankarankovil made in Original Suit No. 176 of 2006 dated 18.11.2008.

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.F.X.EUGENE, Advocate for the Appellants and of Mr.V.MEENAKSHI SUNDARAM for Mr.D.NALLATHAMBI, Advocate for the Respondents, this Court doth order and decree as follows:-

(1) That the Judgment and Decree of the Sub Court, Sankarankovil, dated 21.01.2010 made in Appeal Suit No.1 of 2009, confirming the judgment and decree of the Principal District Munsif https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.411 of 2010 Court, Sankarankovil made in Original Suit No. 176 of 2006 dated 18.11.2008 be and are hereby confirmed and this Second Appeal is dismissed.

(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 Sub Judge, Sankarankovil.

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

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.F.X.EUGENE, Advocate ( SR-10284 ) +1 CC to Mr.D.NALLATHAMBI, Advocate ( SR-10723 ) ORDER DATED : 07/03/2022 ========================== DECREE ========================== SA(MD). No.411 of 2010 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Sub Court, Sankarankovil, dated 21.01.2010 made in Appeal Suit No.1 of 2009, confirming the judgment and decree of the Court of the Principal District Munsif Court, Sankarankovil made in Original Suit No. 176 of 2006 dated 18.11.2008 and etc., as stated within.

MGJ(11.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2