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Madras High CourtSA(MD)/361/2021dismissed

Mariammal v. Mydeen Beevi, (Died)

2021-10-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

SA(MD). No.361 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA SA(MD). No.361 of 2021 1.Mariammal 2.Murugan ... Appellants Vs.

Mydeen Beevi(Died) 1.Syed Ahamed Ibrahim 2.Baseer Ahamed 3.Syed Sulaiman 4.Syed Alameen 5.Jainab Muneera Banu 6.Syed Samsudeen ... Respondents PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree of the Lower Appellate Court dated 26.08.2020 passed in A.S.No.5 of 2015 on the file of the Principal Sub Judge, Tirunelveli confirming the Judgment and Decree of the Trial Court dated 02.07.2014 passed in O.S.No.30 of 2011 on the file of the II Additional District Munsif, Tirunelveli. DECREE:-This Second Appeal coming on for hearing for admission under Section 100 of Civil Procedure Code,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.Saravanan for M/s.Ashok Kumar.N.C, Advocates for the Appellants and of Mr.A.Arumugam for M/s.Ajmal Associates, Advocates for the Respondents, doth order and decree as follows:-

1. That the Judgment and decree passed in A.S.No.5 of 2015 dated 26.08.2020 on the file of the Principal Sub Judge, Tirunelveli confirming the Judgment and decree dated 02.07.2014 in O.S.No.30 of 2011 on the file of the II Additional District Munsif, Tirunelveli be and hereby is confirmed.

2. That this Second Appeal be and hereby is dismissed without being admitted;

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SA(MD). No.361 of 2021

3. That there should be no order as to costs. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Principal Sub Judge, Tirunelveli 2.The II Additional District Munsif, Tirunelveli. +1 CC to M/s.AJMAL ASSOCIATES,Advocate (SR-32968 dated 28/10/2021 ) +1 CC to M/s.N.C.ASHOK KUMAR, Advocate (SR-32973 dated 28/10/2021 ) ORDER DATED : 27/10/2021 ========================== DECREE ========================== SA(MD). No.361 of 2021 Dismissing the Second Appeal preferred against the Judgment and Decree of the Lower Appellate Court dated 26.08.2020 passed in A.S.No.5 of 2015 on the file of the Principal Sub Judge, Tirunelveli confirming the Judgment and Decree of the Trial Court dated 02.07.2014 passed in O.S.No.30 of 2011 on the file of the II Additional District Munsif, Tirunelveli.

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