Madras High CourtSA(MD)/292/2005dismissed

Ramasamy(Died) v. Chinnaiyan(Died)

2021-02-26Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Sixth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR SA(MD). No.292 of 2005

1. RAMASAMY(DIED), ... Appellant/Appellant/Plaintiff

2. Theresammal W/o.Late. Ramasamy

3. Wilson S/o.Late, Ramasamy,

4. Russel Raj S/o.Late, Ramasamy,

5. Sasikala, W/o.Aruldhas ... Appellants (Appellants 2 to 5 brought on record as Legal Representative of the Deceased Sole Appellant Vide Order dated 14.3.2016 made in CMP(MD). 2029/2016) Vs 1 CHINNAIYAN(DIED) 2 ANASDASI 3 ARTHUR 4 FENADICT 5 JACKLIN 6 JEROLD 7 STANLEY 8 LENIN ... Respondents1 to 8/ Respondents 1to 8/ Defendants 9 SURESH BABU ... 9th Respondent (R9 was brought on records as legal heir of the deceased 1st respondent vide court order dated 08.10.2020 made in CMP(MD) No. 5137/19).

Prayer:-Second Appeal filed under Section 100 of C.P.C., against the judgment and decree passed in A.S. No. 59 of 2000 on the file of the Sub Court, Kuzhithurai dated 23.07.2004 confirming the judgment and decree passed in O.S. No. 199 of 1995 on the file of the 2nd Additional District Munsif Court, Kuzhithurai dated 30.06.2000. 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 MRS.J.ANANTHAVALLI, Advocate for the 9th respondent and 2nd respondent has not appeared either in person or by an Advocate, 3rd to 8th Respondents are dispensed with vide memo USR No. dated 29.04.2014 and this Court doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/

(1) That the Judgment and Decree passed in A.S. No. 59 of 2000 on the file of the Sub Court, Kuzhithurai dated 23.07.2004

confirming the judgment and decree passed in O.S. No. 199 of 1995 on the file of the 2nd Additional District Munsif Court, Kuzhithurai dated 30.06.2000 be and hereby are confirmed and this appeal is dismissed.

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

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

1. The Sub Court, Kuzhithurai.

2. The 2nd Additional District Munsif Court, Kuzhithurai 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-7707 dated 01/03/2021 ) +1 CC to M/s.J.ANANDHAVALLI, Advocate ( SR-7947 dated 01/03/2021 ) ORDER DATED : 26/02/2021 ========================== DECREE ========================== SA(MD). No.292 of 2005 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree passed in A.S.

No. 59 of 2000 on the file of the Sub Court, Kuzhithurai dated 23.07.2004 confirming the judgment and decree passed in O.S. No. 199 of 1995 on the file of the 2nd Additional District Munsif Court, Kuzhithurai dated 30.06.2000 and etc., as stated within.

VB (07.04.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/