Madras High CourtSA(MD)/554/2010dismissed

Sakthivel v. Uthirappa Naickar

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

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.554 of 2010 SAKTHIVEL ... Appellant/Appellant/Plaintiff Vs 1 UTHIRAPPA NAICKAR 2 RAJARAM 3 PUSHBARANI 4 MAHALAKSHMI 5 SARASWATHI 6 SRIVIDHYA ... Respondents/Respondents/Defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal District Judge, Virudunagar at Srivilliputhur dated 25.08.2009 made in Appeal Suit No.32 of 2008, confirming the judgment and decree of the Sub Court Sivakasi made in Original Suit No. 54 of 2004 dated 05.12.2007.

DECREE:- This Second Appeal coming on for hearing on this date, 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.G.GOMATHI SANKAR, Advocate for the Appellant and of Mr.K.RAJESHWARAN, for Mr.K.

(1) That the Judgment and Decree of the Principal District Judge, Virudunagar at Srivilliputhur dated 25.08.2009 made in Appeal Suit No.32 of 2008, confirming the judgment and decree of the Sub Court Sivakasi be and hereby are confirmed and this Second appeal is dismissed,

(2) That the Appellants herein shall have a charge on the suit properties for the decreetal amounts in question. https://hcservices.ecourts.gov.in/hcservices/ 1/2

(3) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (Cs-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Principal District Judge, Virudunagar at Srivilliputhur 2.The Sub Court Sivakasi Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-10472[F] dated 07/03/2022 ) +1 CC to M/s.K.GOVIGANESAN, Advocate ( SR-10636[F] dated 08/03/2022 ) ORDER DATED : 07/03/2022 ========================== DECREE ========================== SA(MD). No.554 of 2010 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the the Principal District Judge, Virudunagar at Srivilliputhur dated 25.08.2009 made in Appeal Suit No.32 of 2008, preferred against the judgment and decree of the Sub Court Sivakasi made in Original Suit No. 54 of 2004 dated 05.12.2007 and etc as stated within.

KB(07.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2