Mary Grace v. A.Silvestor

SA(MD). No.430 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.430 of 2010 MARY GRACE ... Appellant/Appellant/Plaintiff Vs A.SILVESTOR .. Respondent/Respondent/Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the 2nd Additional Subordinate Judge, Nagercoil, dated 29.10.2009 made in A.S.No.20 of 2009 confirming the judgment and decree of the Principal District Munsif, Nagercoil, dated 12.01.2009 made in O.S.No.615 of 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.T.Selvakumaran Advocate, for the Appellant and of Mr.V.Meenakshisundaram for Mr.D.Nallathambi Advocate, for the respondent, and this Court partly allowing the Second Appeal, doth order and decree as follows:

(1) that the judgment and decree made in A.S.No.20 of 2009 dated 29.10.2009 be and hereby is modified that the permanent injunction is granted upholding the plaintiffs 1/3rd right in the suit well to irrigate 1 acre of land (items 1 and 2 of suit "B" Schedule), and the Second appeal is partly allowed.

(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/ Encl: Xerox Copy of Schedule of Property 1/2

SA(MD). No.430 of 2010 TO 1.The II Additional Subordinate Judge, Nagercoil.

2.The Principal District Munsif, Nagercoil.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-6415 /2022 ) +1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-6323 /2022 ) ORDER DATED : 14/02/2022 ========================== DECREE ========================== SA(MD). No.430 of 2010 Nature of Decree:- Partly Allowing the Second Appeal preferredagainst the judgment and decree dated 29/10/2009 made in AS.No.20/2009 on the file of the II Additional Subordinate Judge,Nagercoil and confirming the judgment and decree dated 12/01/2009 made in O.S.No.615/2005 on the filed of the District Munsif Nagercoil and etc., as stated within MK/15.03.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2