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Madras High CourtSA(MD)/41/2017dismissed

V.Dhanaraj, v. V.Rajasekaran,

2017-06-14Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2017

CORAM:

THE HONOURABLE Mr.JUSTICE N.SESHASAYEE SA (MD)No.41 of 2017 1.V.Dhanaraj 2.Pidari Ammal 3.Vellaiammal ... First Plaintiff LRs of deceased second Plaintiff/First Appellant LRs of deceased second Appellant/Appellants Vs.

1.V.Rajasekaran 2.V.Chandrasekar 3.V.Thirumalai 4.S.Kannammal .. Respondents 1, 2, 4 &5 /Respondents (Cause title is accepted as per orders of Court date 5.2.2007 made in M.P.(MD) No.1 of 2007).

PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the decree and the judgment dated 23.12.2005 rendered in A.S.No.123 of 2005 on the file of the Additional Subordinate Judge, Dindigul confirming the decree and the judgment dated 28.02.1995 rendered in O.S.No.710 of 1991 on the file of the Additional District Munsif of Dindigul. For Appellants : Mrs.Jessi Jeeva Priya

J U D G M E N T

The present Appeal is filed seeking a damage of Rs.5,000/- from the defendants. The first plaintiff is the brother of the defendants 1 and 2. The plaintiffs, who had successively lost before the courts below, have come forward with this Second Appeal. There can be no Second Appeal against the decree, where the value of the subject matter is below Rs.25,000/-. Hence, the Second Appeal is not maintainable and the same is dismissed. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Additional Subordinate Judge, Dindigul 2.The Additional District Munsif, Dindigul CM AE/JC/SAR1/05.07.2017/2P/3C SA(MD)No.41 of 2017 14.06.2017 https://hcservices.ecourts.gov.in/hcservices/