G.Krishnakumari Amma v. C.Velayudhan Nair (Died)

SA(MD). No.119 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( CIVIL APPELLATE JURISDICTION ) WEDNESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN SA(MD). NO.119 OF 2012 G.KRISHNAKUMARI AMMA ...Appellant/Respondent/Defendant Vs

1. C.VELAYUDHAN NAIR (DIED)

2. LALITHAMBIKA AMMA ...Respondents/Appellants/Plaintiffs

3. V.L.ASHA

4. V.L. MAYA JOTHI NAIR ... Respondents (Appellants 3 and 4 are brought on record as Lrs of the deceased 1st appellant vide order dated 03/08/2021 made in CMP (MD) NO.10049 in SA(MD) NO.119/2012) Prayer :- Second Appeal filed under section 100 of Civil Procedure Code, against the judgment and decree dated 19/07/2011 of the learned District Court, Kanyakumari at Nagercoil passed in AS. NO.47 of 2009, partly reversing the judgment and decree dated 09/10/2009 of the learned Sub Court, Padmanabhapuram passed in OS. NO.136 of 2005.

Decree:- This Second Appeal came up for hearing on this day, upon perusing the grounds of appeal, the judgment and decree 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.V.M. Balamohan Thambi, advocate for the appellant and of Mr.C. Dhanaseelan, advocate for the respondent, this court doth order and decree as follows:-

1) That the judgment and decree, dated 19/07/2011 passed in AS No.47 of 2009 on the file of the District Court, Kanyakumari at Nagercoil, be and hereby is confirmed and the Second Appeal is allowed.

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SA(MD). No.119 of 2012

2) That there be no costs in the Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The District Judge, Kanyakumari at Nagercoil.

2. The Subordinate Judge, Padmanabhapuram.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr. V.M. Balamohan Thambi, advocate in CA SR NO.28580. ORDER DATED : 08/09/2021 ========================== DECREE ========================== SA(MD). No.119 of 2012 Nature of Decree:-Allowing the Second Appeal preferred against the judgment and decree of the District Court, Kanyakumari at Nagercoil passed in AS. NO.47 of 2009 on 19/07/2011 and preferred against the judgment and decree of the Sub Court, Padmanabhapuram, passed in OS.

NO.136/2005 dated 09/10/2009 etc., as stated within.

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