Madras High CourtSA(MD)/56/2012dismissed

S.Ayyappan v. D.Shanmugam

2021-02-23Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday,the Twenty Third day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR SA(MD). No.56 of 2012 S.AYYAPPAN ... Appellant/Appellant/Defandant Vs 1 D.SHANMUGAM 2 D.SANTHANAM 3 D.GOMATHI AMMAL 4 D.SUDALAIMUTHU (DIED) 5 S.JEYALAKSHMI 6 S.VENUKA ... Respondents/Respondents/Plaintiffs (Respondent Nos.5 and 6 are brought on record as legal representatives of the deceased fourth respondent vide order of this Court dated.24.01.2020 made in C.M.P.(MD).No.8139 to 8141 of 2019 in S.A.(MD).No.56 of 2012) Prayer:-Second Appeal filed under Section 100 C.P.C.,against the judgment and decree dated 15.06.2011 passed in A.S.No.73 of 2009 on the file of the Principal Subordinate Court, Tirunelveli in confirming the judgment and decree dated 21.07.2007 passed in O.S.No.234 of 2003 on the file of the I Additional District Munsif Court, Tirunelveli.

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.M.P.SENTHIL, Advocate for the Appellant and of MR. ANANTH C.RAJESH, Advocate for the Respondents 1 to 3 and 5 and 6 and the Fourth Respondent reported dead, this Court doth order and decree as follows,

(1) That the judgment and decree dated 15.06.2011 passed in A.S.No.73 of 2009 on the file of the Principal Subordinate Judge, Tirunelveli and the judgment and decree dated 21.07.2007 passed in O.S.No.234 of 2003 on the file of the I Additional District Munsif, Tirunelveli. be and hereby are confirmed and this Second Appeal is dismissed; and

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

Schedule of Property

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

1. The Principal Subordinate Judge, Tirunelveli.

2. The I Additional District Munsif , Tirunelveli. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.M.P.SENTHIL, Advocate ( SR-6835 dated 24/02/2021 ) +1 CC to Mr.M.S.JAWAHARLAL, Advocate ( SR-6819 dated 24/02/2021 )

ORDER DATED : 23/02/2021 ========================== DECREE ========================== SA(MD). No.56 of 2012 Nature of Decree:- Dismissing the judgment and decree dated 15.06.2011 made in A.S.No.73 of 2009 on the file of the Principal Subordinate Court, Tirunelveli and confirming the judgment and decree dated 21.07.2007 made in O.S.No.234 of 2003 on the file of the I Additional District Munsif Court, Tirunelveli, etc., as stated within.

VB (26.03.2021) 4P 7C