Madras High CourtSA(MD)/126/2013dismissed

Charles v. R.Subramani(Died)

2023-01-10Honourable Mr Justice S. Sounthar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Tenth day of January Two Thousand Twenty Three PRESENT The Hon`ble Mr.Justice S.SOUNTHAR SA(MD). No.126 of 2013 CHARLES ...

Appellant/Respondent/ Defendant .Vs.

1 R.SUBRAMANI(DIED) 2 SELVARAJ ...

Respondents / Appellants / Plaintiffs 3 VELLAIAMMAL 4 PONRAM 5 MANIKUMAR 6 GOPINATH (RESPONDENTS 3 TO 6 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1ST RESPONDENT VIDE ORDER DT.21.12.2022) ...

Respondents Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree passed in A.S. No.125 of 2010 dated 19.06.2012 on the file of the learned Principal Subordinate Judge, Dindigul reversing the Judgment and Decree passed in O.S. No.110 of 2006 dated 30.09.2010 on the file of the District Munsif, Nilakottai. 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.N.VALLINAYAGAM, Advocate for the Appellant and of Mr.H.LAKSHMI SHANKAR, Advocate for the second to sixth respondents, this Court doth order and decree as follows:-

(1) That the Judgment and Decree passed in A.S. No.125 of 2010 dated 19.06.2012 on the file of the Principal Subordinate Judge, Dindigul be and is hereby confirmed and the Second Appeal is dismissed. https://www.mhc.tn.gov.in/judis

(2) That there be no order as to costs in this Appeal. Sd/- Assistant Registrar(C.O) // True Copy // /02/2023 Sub Assistant Registrar(CS) CP To

1) The Principal Subordinate Judge, Dindigul

2) The District Munsif, Nilakottai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - (2 Copies) +1 CC to M/s.N.VALLINAYAGAM, Advocate ( SR-1984 dated 11/01/2023 ) +1 CC to M/s.H.LAKSHMI SHANKAR, Advocate ( SR-1975 dated 11/01/2023 ) ORDER DATED : 10/01/2023 ========================== DECREE ========================== SA (MD). No.126 of 2013 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dated 19.06.2012 passed in A.S.

No.125 of 2010 by the Principal Subordinate Judge, Dindigul reversing the Judgment and Decree dated 30.09.2010 passed in O.S. No.110 of 2006 on the file of the District Munsif, Nilakottai etc., as stated within.

SI(17.02.2023) 2P 7C https://www.mhc.tn.gov.in/judis