G.Sujatha v. S.Thangam

SA(MD) No.1326 of 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of October Two Thousand and Twenty One PRESENT:

The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD) No.1326 of 2006 1.G.Sujatha 2.O.S.D.Silus 3.P.D.S.Mani 4.C.C.John Nicksan Jastas 5.Rajamani 6.Murugesan 7.Nobel Raj 8.Thangiyan 9.Pandian 10.Rajan 11.Thamsan 12.N.Iyyapan 13.Manikandan 14.Thangam 15.Palraj 16.Viyen ...Defendants/Appellants/Appellants. Vs S.Thangam ...Plaintiff/Respondent/Respondent.

Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 04/07/2006 in Appeal Suit No.149 of 2005 on the file of the Subordinate Court, Padmanabhapuram, Kanyakumari District, is confirmed the judgment and decree dated 22/09/2005 in Original Suit No.278 of 2002 on the file of the Additional District Munsif Court, Padmanabhapuram. DECREE:- This Second Appeal is coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment 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.T.SELVAKUMARAN, Advocate for the Appellants and of MR.C.GODWIN, Advocate for the Respondent, this Court while disposing the appeal, doth order and decree as follows:-

(1) that the counsel for the appellants brought to the court's notice that the plaintiff has already executed a gift deed dated 22/01/2014 in favour of the Government of Tamil Nadu donating the suit property;

(2)that the appellants counsel stated that the appellants have no https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD) No.1326 of 2006 objection for the plaintiff to withdraw the amount that has been deposited to the credit of the suit;

(3) that in view of the subsequent developments and the stand taken by the appellants counsel, the impugned Judgment and Decrees are set aside and

(4) that there be no costs in this Second Appeal. Schedule of Property vide separate sheet.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Subordinate Judge, Padmanabhapuram, Kanyakumari District. 2.The Additional District Munsif, Padmanabhapuram. Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai(2 Copies) +1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-32393 dated 25/10/2021 ) ORDER DATED : 22/10/2021 ========================== DECREE ========================== SA(MD)No.1326 of 2006 Disposing the Second Appeal preferred against the judgment and decree dated 04/07/2006 in Appeal Suit No.149 of 2005 on the file of the Subordinate Court,Padmanabhapuram,Kanyakumar i District, which is confirmed the judgment and decree dated 22/09/2005 in Original Suit No.278 of 2002 on the file of the Additional District Munsif Court, Padmanabhapuram and etc., as stated within.

RK(23/12/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2