Madras High CourtSA(MD)/287/2021dismissed

Palani Murugan, v. Rengarajan.

2021-12-23Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Twenty Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN SA(MD). No.287 of 2021 PALANI MURUGAN, S/o. Late. Muthaiah Thevar Keela , Rajakularaman Village Rajapalayam Taluk , Virudhunagar District .. Appellant / Appellant / Plaintiff Vs 1 RENGARAJAN.

S/o. Late. Sri Srinivasa Iyyangar, Perumal, Koil Street, Near to E.B. Office, Keela, Rajakularaman Village, Rajapalayam Taluk,, Virudhu Nagar District..

2 Muthupen, D/o. Late. Sri Srinivasa Iyyangar, Perumal, Koil Street, Near to E.B. Office, Keela, Rajakularaman Village, Rajapalayam Taluk,, Virudhu Nagar District..

3 Jeyalakshmi, D/o. Late. Sri Srinivasa Iyyangar, Perumal, Koil Street, Near to E.B. Office, Keela, Rajakularaman Village, Rajapalayam Taluk,, Virudhu Nagar District..

4 Bama, D/o. Late. Sri Srinivasa Iyyangar, Ariyakudi, Village, Karaikudi Taluk, Sivagangai, District..

5 Rajappan, S/o. Late. Sri Srinivasa Iyyangar, Perumal, Koil Street, Near to E.B. Office, Keela, Rajakularaman Village, Rajapalayam Taluk,, Virudhu Nagar District..

6 Vaideki, D/o. Late. Sri Srinivasa Iyyangar, Perumal, Koil Street, Near to E.B. Office, Keela, Rajakularaman Village, Rajapalayam Taluk,, Virudhu Nagar District..

1/3

7 Sowmi Narayanan, S/o. Late. Sri Srinivasa Iyyangar, Perumal, Koil Street, Near to E.B. Office, Keela, Rajakularaman Village, Rajapalayam Taluk,, Virudhunagar District ..

Respondents / Respondents / Defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal Subordinate Court, Srivilliputhur dated 26.11.2019 made in Appeal Suit No.34 of 2014, confirming the judgment and decree of the court of the Additional District Munsif, Srivilliputhur made in Original Suit No.185 of 2010 dated 09.06.2014.

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.G.GOMATHI SANKAR, Advocate for the Appellant and of Mr.G.KARNAN, Advocate for the respondents, this Court doth order and decree as follows:-

(1) That the Judgment and Decree of both the Courts below be and hereby are confirmed and this appeal is dismissed.

(2) That the Appellant / Plaintiff is directed to deliver the vacant possession to the respondents 5 and 7 / defendants 5 and 7 within a period of three months from the date of receipt of a copy of this order.

(3) That there be no order as to costs in this Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1) The Principal Subordinate Judge, Srivilliputhur, Virudhunagar District

2) The Additional District Munsif, Srivilliputhur, Virudhunagar District 2/3

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 cc to M/s.G.Gomathi Sankar, Advocate in SR.40109 / 2021 ORDER DATED : 23/12/2021 ========================== D E C R E E ========================== SA(MD). No.287 of 2021 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Principal Subordinate Judge, Srivilliputhur made in A.S. No.34 of 2014 dated 26.11.2019 confirming the judgment and decree of the Additional District Munsif, Srivilliputhur made in O.S.No.185 of dated 09.06.2014 and etc., as stated within.

KB(07.01.2022) 3P 6C 3/3