Ramaiah (Died), v. Mary Joshephin
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (CIVIL APPELLATE JURISDICTION) MONDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND TWENTY ONE PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN SA(MD). NO.807 OF 2006
1. Ramaiah (Died), ... Appellant / Respondent / Defendant 2.R. Parameshwari W/o.M.Ramiah, No.14, Anna Nagar, (New No.5/124), Kuthukalvalasai, Tenkasi Taluk, Tenkasi District.
3.Ravi S/o.Late.Ramaiah, No.14, Anna Nagar, New No.5/124, Kuthukalvalasai, Tenkasi Taluk and District.
4.E.Lakshmi W/o.A.Esaki, D/o.Late.Ramaiah, No.4/57c, Vannuvar Street, Oorkadu, Ambasamudram Taluk, Tirunelveli.
5.Rajkumar S/o.Late.Ramaiah, No.14, Anna Nagar, New No.5/124, Kuthukalvalasai, Tenkasi Taluk and District.
6.Ramkumar S/o.Late.Ramaiah, No.14, Anna Nagar, New No.5/124, Kuthukalvalasai, Tenkasi Taluk and District.
... Appellants (2nd Appellant to 6th Appellant are brought on Record as LRs deceased 1st Appellant) 1/3
.Vs.
MARY JOSHEPHIN W/O. PANNEERDOSS, D.NO. M-67, HOUSING BOARD, TENKASI TALUK.
... Respondent /Appellant /Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 27.06.2006 passed in A.S. No.31 of 2006 on the file of the Principal Subordinate Court, Tenkasi, reversing the Judgment and Decree dated 13.10.2005 passed in O.S. No.35 of 2004 on the file of the District Munsif, Sengottai.
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.T.LAJAPATHI ROY Advocate for the Appellant and of Mr.V.MEENAKSHISUNDARAM Advocate for D.NALLATHAMBI, Advocate for the respondent, it is ordered,
(1) That the Judgments and Decrees of the both courts below be and are hereby set aside and the matter is remanded to the file of the trial Court,
(2) That the District Munsif Court, Sengottai do restore the suit to its original number in the register and proceed to dispose of the Court in the light of the observations and directions contained in the judgment herein,
(3) That this Second Appeal is be and hereby allowed.
(4) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To
1) The Principal Subordinate Judge, Tenkasi 2/3
2) The Additional Subordinate Judge, Tenkasi.
3) The District Munsif, Sengottai.
COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.D.NALLATHMABI, Advocate ( SR-28386[F] dated 07/09/2021 ) +2 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-28410[F] dated 07/09/2021 ) ORDER DATED : 06/09/2021 ========================== DECREE ========================== Nature of Decree:- Allowing the Second Appeal preferred against the order dated 27.06.2006 made in A.S. No.31 of 2006 on the file of the Principal Subordinate Court, Tenkasi, reversing the judgment and decree dated 13.10.2005 made in O.S. No.35 of 2004 on the file of the District Munsif Court, Sengottai and etc., as stated within.
KMK(CO) GC(09.02.2022) 3P 9C 3/3