Jayachandran v. Kottaipatti Chinna Pallivasal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of June Two Thousand and Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU SA(MD). No.195 of 2005 1.JAYACHANDRAN, 2.GURUSAMY 3.ULLASHKUMAR 4.G.SANTHA 5.MAREESWARI 6.S.RAMESH LATCHAM 7.SUBRAMANIAM 8.KALAISELVI ... Appellants/Respondents/Defendants Vs 1 KOTTAIPATTI CHINNA PALLIVASAL MUSLIM JAMATH VIRUDHUNAGAR, THROUGH, JANAB M.NOORUL AMEEN - PRESIDENT.

2 M.AHAMED BASHEER 3 A.PAKEER MOHAMMED 4 N.MEERA MOHIDEEN 5 S. KHALEEL RAHMAN 6 A.SYED MOHAMMED 7 A.AHAMED IBRAHIM ... Respondents/Plaintiffs (Respondents 1 to 7 are substituted in the place of R1 to R10, as per the order of the Court dated 20.06.2019 made in C.M.P(MD).No.714 of 2019) 1/3

Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 29.07.2004, passed in A.S.No.25 of 2002 by the Additional District cum Fast Track Court, Virudhunagar, reversing the Judgement and decree dated 27.10.1993 passed in O.S.No.470 of 1989 by the District Munsif Court, Sattur. DECREE:- This Second Appeal coming upon for hearing on Friday The Twenty second day of November Two Thousand and Nineteen and upon perusing the grounds of appeal the judgments and decrees of the Lower Appellate Court and the Court of First Instance and upon hearing the arguments of MR.R.DEVARAJ, Advocate for the Appellants, and Mr.A.J.Taslim Arif, Advocate for the Respondent Nos. 1 to 7, and having stood over the matter for consideration till this date, this court doth order and decree as follows:-

(1) That the Judgment and Decree dated 29.07.2004 of the Additional District cum Fast Track Court, Virudhunagar and made in A.S.No.25 of 2002 on its file, reversing the Judgement and decree dated 27.10.1993 of the District Munsif Court, Sattur, made in O.S.No.470 of 1989 on its file, be and hereby are confirmed and this Second Appeal do stand dismissed; and

(2) That there be no costs in this Second Appeal. SCHEDULE OF PROPERTY Kamarajar District in Virudhunagar Town compound buildings bearing No.343 in Railway feeder Road Virudhunagar T.S.No.170, Measuring 363 Sq. feet.

Bounded on West :

Railway feeded Road on East :

Plaintiff's Properties.

On North :

Plaintiff's Properties.

On South :

Plaintiff's Properties.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

TO 1.The Additional District Judge, The Additional District cum Fast Track Court, Virudhunagar 2.The District Munsif Court, Sattur, Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 30/06/2020 ========================== DECREE ========================== SA(MD). No.195 of 2005 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Additional District cum Fast Track Court, Virudhunagar, dated 29.07.2004 made in Appeal Suit No.25 of 2002 preferred against the judgment and decree of the District Munsif Court, Sattur, made in Original Suit No.470 of 1989, dated:27.10.1993 etc., as stated within.

DB(CO) TR(10.07.2020) 3P 5C 3/3