Madras High CourtSA(MD)/1181/2011allowed

Ganthimathi, v. Velu

2022-07-07Honourable Mr Justice N. Seshasayee2 pages

SA(MD). No.1181 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice N.SESHASAYEE SA(MD). No.1181 of 2011 Karuppaiah(Died) 1 Ganthimathi 2 Gangabai 3 Yamuna 4 Geetha ... Appellants/Appellants/ Plaintiff's Lrs (Appellants 1 to 4 were brought on record as the Lrs of the deceased sole appellant Vide Court order dated 08/11/2016 made in C.M.P(MD)NO.10076 to 10078 of 2016) Vs Velu ... Respondent/Respondent/ Defendant Prayer :- Second Appeal is filed under section 100 of Code of Civil Procedure, against the judgment and decree 11/04/2011 in A.S.NO.11 of 2011 on the file of the Subordinate Judge, Devakottai confirming the judgment and decree dated 13/08/2010 in O.S.NO.112 of 2008 on the file of the Additional District Munsif, Karaikudi. Decree:

This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decree of the lower appellate court and the court of first instance and the material papers in the suit and upon hearing the arugments of Mr.V.R.Shanmuganathan, Advocate, for the Appellant and of none appearance of the respondent, this court doth order and decree as follows:-

1) That the judgment and decree 11/04/2011 in A.S.NO.11 of 2011 on the file of the Subordinate Judge, Devakottai confirming the judgment and decree dated 13/08/2010 in O.S.NO.112 of 2008 on the file of the Additional District Munsif, Karaikudi be and hereby is setaside and this Second Appeal is allowed.

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SA(MD). No.1181 of 2011

2) that there be no cost in the Second Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // /09/2022 Sub Assistant Registrar(CS) TO 1 The Subordinate Judge, Devakottai.

2 The Additional District Munsif, Karaikudi. Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.V.R. SHANMUGANATHAM, Advocate ( SR-30607 dated 08/07/2022 ) ORDER DATED : 07/07/2022 ==================== DECREE ==================== SA(MD). No.1181 of 2011 Allowing the SA(MD). No.1181 of preferred against the judgment and decree 11/04/2011 in A.S.NO.11 of 2011 on the file of the Subordinate Judge, Devakottai confirming the judgment and decree dated 13/08/2010 in O.S.NO.112 of 2008 on the file of the Additional District Munsif, Karaikudi etc.

as stated within.

RD(20/09/2022) 2P 6C https://www.mhc.tn.gov.in/judis 2/2