Madras High CourtSA(MD)/53/2006dismissed

N.Subramanian v. P.Loganathan, (Died)

2021-09-16Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD). No.53 of 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Sixteenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.53 of 2006 1.N.SUBRAMANIAN, 2.2.S.KOTHANDAM ... Appellants/ Appellants / Defendants Vs 1.P.LOGANATHAN, (DIED) ...

Respondent/Respondent/ Plaintiff 2.MRURGESWARI W/O.LATE.P.LOGANATHAN,.

3.MINOR.L.RAJAGURU S/O.LATE.P.LOGANATHAN,.

4.MINOR.L.MEGALA, D/O.LATE.LOGANATHAN,(R-2 TO R-5 RESIDING AT, D.NO.532, RAMAMURTHY NAGAR 1SR NAGAR,, MADURAI -11.

5.MINOR.L.KALEESWARI, ...

Respondents (R-2 TO R-5 ARE B/T ON RECORD AS LRS OF DECD SOLE, RESPONDENT, VIDE OCURT ODR DT.15.12.16 & 18., 4.17 MADE IN MP(MD)1 TO 3/11 IN SA(MD)53/06, BY TKRJ &NSSJ).

Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the District Court, Sivagangai made in A.S. No.136 of 2003 dated 30.09.2005 confirming the Judgment and Decree dated 12.09.2003 made in O.S. No.55 of 2000 on the file of the Additional District Munsif-cum-Judicial Magistrate, Manamadurai. 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.S.SRINIVASA RAGHAVAN, Advocate for the Appellants and of Mr.T.S.MOHAMMED MOHIDEEN, Advocate for the respondents, this Court doth order and decree as follows:-

(1) That the Judgments and Decrees of both the Courts below be and hereby are confirmed and this Second appeal is dismissed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.53 of 2006

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1).The District Judge, Sivagangai 2).The Additional District Munsif-cum-Judicial Magistrate, Manamadurai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - (2 Copies) +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate SR-29362 dt.16/09/2021) +1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate (SR-29288 dt.16/09/2021) ORDER DATED : 16/09/2021 ========================== DECREE ========================== SA(MD). No.53 of 2006 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dated 30.09.2005 made in A.S.No.136 of 2003 on the file of the District Court, Sivagangai confirming the Subordinate Court, Sivagangai by reversing the judgment and decree dated 12.09.2003 passed in O.S.No 55 of 2000 on the file of the Additional District Munsif cum Judicial Magistrate, Manamadurai and etc., as stated within.

GC(05.10.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2