Madras High CourtSA(MD)/768/2010dismissed

A.Rajagopal (Died) v. D.Kaleep

2022-03-15Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.768 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.768 of 2010

1. A.Rajagopal (Died) ...Appellant/Appellant/Defendant

2. R.Prema

3. R.Asir Singh (Died)

4. R.Mohan Dhan

5. R.Kala

6. K. Vini

7. A.Mercy Beaula

8. A.Harris singh ...Appellants (Appellants 2 to 5 are brought on record as LRs of the deceased sole Appellant) (Appellants 6 to 8 are suo motu impleaded as LRs of the deceased 3rd Appellant) Vs

1. D.Kaleep

2. Ratna Bai ... Respondents/Respondents/ Plaintiffs 2 & 3 Prayer:- Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree of the I Additional Sub Court, Nagercoil Camp @ Padmanabhapuram, dated 30.06.2009 made in Appeal Suit No.9 of 2002, confirming the Judgment and Decree of the Court of the Additional District Munsif, Eraniel made in Original Suit No. 433 of 1995 dated 18.09.2001.

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.V.M.BALAMOHAN THAMBI, Advocate for the Appellants and of Mr.T.SELVAKUMARAN, Advocate for the Respondents, this Court doth order and decree as follows:-

(1) That, the Judgment and Decree of the I Additional Sub Court, Nagercoil Camp @ Padmanabhapuram, dated 30.06.2009 made in Appeal Suit No.9 of 2002, confirming the Judgment and Decree of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.768 of 2010 Court of the Additional District Munsif, Eraniel made in Original Suit No. 433 of 1995 dated 18.09.2001 be and hereby are confirmed and this Second Appeal is dismissed.

(2) That, there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1)The I Additional Sub Judge, Nagercoil Camp @ Padmanabhapuram.

2)The Additional District Munsif, Eraniel.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.V.M.BALAMOHAN THAMBI, Advocate ( SR-12606 ) +1 CC to Mr.T.SELVAKUMARAN, Advocate ( SR-12622 ) ORDER DATED : 15/03/2022 ========================== DECREE ========================== SA(MD). No.768 of 2010 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the I Additional Sub Court, Nagercoil Camp @ Padmanabhapuram, dated 30.06.2009 made in Appeal Suit No.9 of 2002, confirming the Judgment and Decree of the Court of the Additional District Munsif, Eraniel made in Original Suit No.

433 of 1995 dated 18.09.2001 and etc., as stated within.

MGJ(29.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2