Madras High CourtSA(MD)/912/2010dismissed

Church Of South India v. Lakshmiammal

2022-04-13Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.912 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.912 of 2010 1 Church of South India, rep. by Appellants 1 & 2, Ettamadai, Azhagiapandipuram Post & Village, Thovalai Taluk, Kanyakumari District.

2. S.Manasey

3. Yesudhas ...Appellants/Respondents 1 to 3/Plaintiffs Vs

1. Lakshmiammal

2. Omana

3. Vasantha

...Respondents 1 to 3/Appellants/Defendants 1 to 3

4. Ammukutty ...4th Respondent/4th Respondent/4th Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal Sub Judge, Nagercoil, Kanyakumari District, dated 28.07.2010 made in Appeal Suit No.113 of 2007, reversing the judgment and decree of the Court of the I Additional District Munsif, Nagercoil, Kanyakumari District made in Original Suit No. 38 of 2004 dated 15.06.2007. 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.PUHAZH GANDHI, Advocate for the Appellant and of Mr.MADHAVAN for Mr.K.SUNDARAVEL, Advocate for the 1st Respondent and the Respondents 2 to 4 not appeared either appeared in person or by an Advocate, this Court doth order and decree as follows:-

(1) That the Judgment and Decree of the 1st Appellate Court Viz., the Principal Sub Judge, Nagercoil, Kanyakumari District, dated 28.07.2010 made in Appeal Suit No.113 of 2007, reversing the judgment and decree of the Court of the I Additional District Munsif, Nagercoil, Kanyakumari District made in Original Suit No. 38 https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.912 of 2010 of 2004 dated 15.06.2007 be and are hereby confirmed and this Second Appeal is dismissed and

(2) That there be no costs in this Appeal.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1) The Principal Sub Judge, Nagercoil, Kanyakumari District.

2) The I Additional District Munsif, Nagercoil, Kanyakumari District.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.K. SUNDARAVEL, Advocate ( SR-18704/2022 ) ORDER DATED : 13/04/2022 ========================== DECREE ========================== SA(MD). No.912 of 2010 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Principal Sub Judge, Nagercoil, Kanyakumari District, dated 28.07.2010 made in Appeal Suit No.113 of 2007, reversing the judgment and decree of the Court of the I Additional District Munsif, Nagercoil, Kanyakumari District made in Original Suit No. 38 of 2004 dated 15.06.2007 and etc., as stated within.

MGJ(12.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2