Madras High CourtSA(MD)/618/2005dismissed

Veeralakshmi @ Kasthuri v. A.K.Chithambarathanu

2021-04-01Honourable Mr Justice R. Subramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the First day of April, Two Thousand and Twenty One PRESENT The Honourable Mr.Justice R.SUBRAMANIAN

1. Veeralakshmi @ Kasthuri

2. Rasi

3. Suseela

4. Raghavan @ Bagavathiperumal

5. Vijaya

6. Ramalakshmi @ Rajalakshmi ... Appellants/Appellants/Defendants Vs

1. A.K.Chithambarathanu

2. Krishnaveni

3. Kumaraswamy

4. Thirunavukkarasu ... Respondents/Respondents/Plaintiffs 2 to 5 Prayer :- Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and decree of the I Additional Subordinate Judge, Nagercoil, dated 19.11.2004 made in A.S. No.52 of 2004 confirming the Judgment and decree dated 23.07.2003 made in O.S. No.211 of 1996 on the file of the Principal District Munsif Court, Nagercoil.

DECREE:

This Second Appeal came up for final hearing on Monday, the 22nd day of March, Two Thousand and Twenty One, upon perusing the Memorandum of grounds of Appeal, Judgment and Decree of the Lower Appellate Court and the Court of First instance, upon perusing the material papers available to the Appeal, and upon hearing the arguments of Mr.C.Godwin, Advocate for the Appellants herein, and of Mr.H.Thayumanaswami for M/s D.Hari, Advocate for the Respondents herein, 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 19.11.2004 made in A.S. No.52 of 2004 on the file of the I Additional Subordinate Court, Nagercoil, confirming the Judgment and decree dated 23.07.2003 made in O.S. No.211 of 1996 on the file of the Principal District Munsif Court, Nagercoil be and hereby is confirmed and this Second Appeal 1/3

is dismissed; and

2. that there be no order as to costs in this second Appeal. Schedule of Property District : Kanniyakumari Sub District : Nagercoil Taluk : Agasteeswaram Desom : Kottar Vadakadu Village : Nagercoil Kannar : Second (2) Lekkam : 2 Old Sy. No.

: 1623 R.Survey No.

: P.22/7 & 8 Extent : 7 3/8 cents Description of Property: Building No. N.M.C No.28/10/11 and site. Boundaries:

East - Purayidam of Chockalingam Moopanar South - Ground of Manickavasagam Chettiar West - Road North - Ground of Kottar D.V.D Trust.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The I Additional Subordinate Judge, Nagercoil.

2. The Principal District Munsif, Nagercoil.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai(2 copies) +2 CC to M/s C.Godwin, Advocate, Copy Application Sr. No.15099 dated 01.04.2021.

+1 CC to M/s D.Hari, Advocate, Copy Application Sr. No.15206 dated 01.04.2021.

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ORDER DATED : 01/04/2021 ========================== DECREE ========================== Nature of Decree: Dismissing the Second Appeal preferred against the Judgment and decree dated 19.11.2004 made in A.S. No.52 of 2004 on the file of the I Additional Subordinate Court, Nagercoil, confirming the Judgment and decree dated 23.07.2003 made in O.S. No.211 of 1996 on the file of the Principal District Munsif Court, Nagercoil.

dks(CO) TR(20.07.2021) 3P 8C 3/3