Madras High CourtSA(MD)/101/2014allowed

Bindhu Kumari, v. Ramayyan Nadar,

2017-07-27Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Seventh day of July Two Thousand and Seventeen PRESENT The Hon`ble Mrs Justice PUSHPA SATHYANARAYANA SA(MD) No.101 of 2014 1.Bindhu Kumari 2.B.Akila (Minor) ...

Appellants (2nd appellant represented by the 1st appellant as natural guardian) Vs.

1.Ramayyan Nadar 2.Muththachi

3. The Branch Manager, L.I.C. of India, North Street Martandam, Nalloor Desom, Nalloor Village, Vilavancode Taluk, Kanyakumari District.

4. The Divisional Manager, L.I.C. of India, Tirunelvveli Divisional Office, Tirunelveli.

... Respondents Second Appeal filed under Section 100 of C.P.C., against the Decree, and Judgment of the Court of the Subordinate Judge, Kuzhithurai, dated 30.06.2010, in A.S.No.64 of 2008 preferred against the Decree and Judgment of the Court of the I-Additional District Munsif, Kuzhithurai, in O.S.No.178 of 2004 dated 09.02.2007. DECREE: This Second Appeal coming on for hearing under the provisions of Rule II of Order XLI of Schedule I of the Code of Civil Procedure 1908, upon perusing the Grounds of Appeal and the Judgments and Decrees of the Lower Appellate Court and the Court of First Instance and upon hearing the arguments of Mr.S.Wilfred Prakash, Advocate for the appellant, Ms.N.Juliet Latha, Advocate for the 1st respondent, and of Mr.G.Prabhu Rajadurai, Advocate for the 4th respondent , and the respondent Nos. 2 & 3 not appearing either in person, or by an Advocate , this court while allowing this Second Appeal, doth order and decree as follows:-

1. That the judgment and decree passed by the Subordinate Judge, Kuzhithurai, in A.S.No.64 of 2008 dated 30.06.2010, by confirming the judgment and decree passed by the the I-Additional District Munsif, Kuzhithurai, in O.S.No.178 of 2004, dated https://hcservices.ecourts.gov.in/hcservices/

09.02.2007 be and hereby are set aside and this Second Appeal is allowed.

2. That the first Plaintiff also be and hereby is entitled to equal share in the insurance amount ,

3. And that there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Sub Court, Kuzhithurai.

2.The I-Additional District Munsif, Kuzhithurai.

3. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Ms.N.Juliet Latha, Advocate Sr.No.68891 +1cc to Mr.G.Prabhu Rajadurai, Advocate Sr.No.68491 GCG VB/MR/KKR/SAR1/10/08/2017/2P/6C DATED : 27.07.2017 DECREE SA(MD) No.101 of 2014 Nature of Decree: Allowing the Second Appeal preferred against the Decree of the Subordinate Judge, Kuzhithurai,in A.S.No.64 of 2008 dated 30.06.2010, etc., as stated within.

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