G.Ramaswamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifth day of February Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR G.RAMASWAMY, Appellant/ Appellant /2nd Defendant Vs 1 THE STATE OF TAMIL NADU REP. BY ITS DISTRICT COLLECTOR, KANYAKUMARI DISTRICT AT NAGERCOIL VILLAGE, KANYAKUMARI DISTRICT.

1st Respondents/1st Respondents/ 1st Defendant 2 SUDHAN NESARAJ 3 S.YESUDHASAN NADAR 2 & 3 Respondents/2&3 Respondents/ Plaintiffs Prayer:- This Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 03/04/2009 passed in A.S. No.51 of 2007 on the file of the First Additional Subordinate Judge, Nagercoil confirming the judgment and decree dated 11/04/2005 passed in O.S. No.67 of 2002 on the file of the Second Additional District Munsif Court, Nagercoil.

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 Mrs. P. Jessi Jeeva Priya, Advocate for the Appeallant, Mr. N. Shanmugaselvan, Additional Government Pleader for 1st respondent and of Mr. A. Abdul Wahab, Advocate for the Respondents 2 & 3; this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 03/04/2009 passed in A.S. No.51 of 2007 on the file of the First Additional Subordinate Judge, Nagercoil confirming the judgment and decree dated 11/04/2005 passed in O.S. No.67 of 2002 on the file of the Second Additional District Munsif Court, Nagercoil be and hereby are confirmed and this Second Appeal do stand dismissed; and 1/3

(2) That there be no costs in this Second Appeal. Schedule of property District - Kanyakumari Sub District - Kottaram Taluk - Agasteeswaram Village - Azhagappapuram Re.Sy.No.

- 685/19 Area - 3 Cents Description of property:

A pathway having width of 17 links on the west 15 links on the east 221 links on the north 224 links on the south install eletric posts.

Boundaries:

West - Tank Bund North - property belong to 2nd defendant East - Public Road South - Property belong to 2nd defendant Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) TO

1. The First Additional Subordinate Judge, Nagercoil.

2. The Second Additional District Munsif Court, Nagercoil.

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Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-4923[F] dated 06/02/2020 ) +1 CC to Mr. A. Abdul Wahab, Advocate in SR No.4901. ORDER DATED 05.02.2020 DECREE S.A (MD) No.988 of 2009 Dismissing the Second Appeal preferred against the judgment and decree dated 03/04/2009 passed in A.S. No.51 of 2007 on the file of the First Additional Subordinate Judge, Nagercoil confirming the judgment and decree dated 11/04/2005 passed in O.S. No.67 of 2002 on the file of the Second Additional District Munsif Court, Nagercoil etc., as stated within.

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