Madras High CourtSA(MD)/368/2012allowed

S.Alagarsamy v. Srivilliputhur Municipality

2020-12-23Honourable Mr Justice M. Govindaraj4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Third day of December Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ SA(MD). No.368 of 2012

1. S.Alagarsamy 2.P.Sankaranarayanan (2nd Appellant substituted vide order of this Court dated 25.02.2015 made in M.P.(MD)No.1 of 2015) 3.Ellaiamman Temple, Rep.by its Executive Committee, President A.Subbaiah and Secretary Jeyaraman, Peumalpatti Kottai Thalaivasal Eastern Side, Srivilliputhur,Town Virudhunagar District ... Appellants/Appellants/Plaintiffs Vs SRIVILLIPUTHUR MUNICIPALITY REP.BY ITS COMMISSIONER, SRIVILLIPUTHUR TOWN,, VIRUDHUNAGAR DISTRICT. Respondent(/Respondent/Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Learned Subordinate Judge, Srivilliputhur, dated 29.07.2009 made in Appeal Suit No.4 of 2008, confirming the judgment and decree of the Additional District Munsif Srivilliputhur made in Original Suit No.427 of 2003 dated 29.06.

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 the petition for amendment of the plaint filed along with application for receiving additional documents and upon hearing the arguments of Thiru.A.SIVAJI, Advocate for the Appeallants and of Thiru.P.

(1) That the decree of both the Courts below be and the same hereby are set aside and the suit remanded back to the Additional District Munsif, Srivilliputhur;

(2) That the Trial Court/the Additional District Munsif, Srivilliputhur do restore the suit in its original number and proceed to dispose of the suit in accordance with law and in the light of the observations and directions contained in the Judgment herein.

(3) That Additional District Munsif, Srivilliputhur be and hereby is directed to frame a specific issue with regard to

declaration of title to the individal plaintiffs and decide the matter on merits and after affording opportunity for the restricted purpose;

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

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS)

TO 1.The Subordinate Judge, Srivilliputhur, 2.The Additional District Munsif, Srivilliputhur Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.P.SRINIVAS, Advocate ( SR-23 dated 04/01/2021 ) ORDER DATED : 23/12/2020 ========================== DECREE ========================== SA(MD). No.368 of 2012 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Learned Subordinate Judge, Srivilliputhur, dated 29.07.2009 made in Appeal Suit No.4 of 2008, confirming the judgment and decree of the Additional District Munsif Srivilliputhur made in OriginalSuit No.427 of 2003 dated 29.06.2007 etc., as stated within.

VB (10.03.2021) 4P 6C