Madras High CourtWP(MD)/139/2019disposed of

S.Annadurai,S/O.Subramaniam, v. The Managing Director,

2019-01-04Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR

1. M. Arumugam

2. M. Sivakumar Appellants / Plaintiffs Vs.

1. Mooka Mudaliyar (died) 1st Defendant

2. M. Shanmugasekar 2nd respondent / 2nd Defendant Prayer :- This Appeal Suit is filed under Section 96 of the Civil Procedure Code, against the decree and Judgment dated 20/02/2019 passed in O.S. No.21 of 2012 on the file of the learned First Additional District Judge, Tirunelveli.

DECREE:

This Appeal coming on for hearing on this day upon perusing the grounds of appeal and the lower court records and upon hearing the arguments of Mr. R. Devaraj, Advocate for the appellants and Mr. M.P. Senthil, Advocate for the respondents; this court while allowing this Appeal; doth order and decree as follows;-

1) That the decree and Judgment dated 20/02/2019 passed in O.S. No.21 of 2012 on the file of the learned First Additional District Judge, Tirunelveli be and hereby is set aside;

2) That the plaintiffs and the second defendant are entitled to 1/3 share each in the suit schedule properties; and

3) That there be no costs in this Appeal suit . 1/4

2/4

3/4

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To The First Additional District Judge, Tirunelveli. Copy to:

The Record Keeper,(2 Copies) V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr. R. Devaraj, Advocate in Sr. No.10993. +1 CC to Mr. M.P. Senthil, Advocate in Sr. No.10953. ORDER DATED 12.03.2021 A.S.(MD). No. 139 of 2019 Allowing the Appeal preferred against the decree and Judgment dated 20/02/2019 passed in O.S. No.21 of 2012 on the file of the learned First Additional District Judge, Tirunelveli etc., as stated within.

KB(25.06.2021) 4P 6C 4/4