Madras High CourtSA(MD)/41/2019dismissed

Benedict v. T.Amala @ Arulamma

2022-04-01Honourable Mr Justice R.Vijayakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R. VIJAYAKUMAR SA(MD). No.41 of 2019

1. BENEDICT

2. J.FRANCIS XAVIER ... 1 & 2 Appellants/ Appellants/ 2 & 3 Defendants

3. J.AMALASASAN ... 3rd Appellant/5th Respondent/1st Defendant Vs 1 T.AMALA @ ARULAMMA 2 J.SELVARAJ 3 J.LISY BRIGHT 4 J.LISY BENET ... Respondents/ Respondents 1 to 4/ Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 28/11/2017 passed in AS. No. 23 of 2015 on the file of the I Additional Sub Court, Nagercoil, confirming the judgment and decree dated 30.07.2014 passed in O.S. No.222 of 2008 on the file of the I Additional District Munsif, Nagercoil.

DECREE:- This Second Appeal coming on for hearing on Wednesday, the Sixteenth day of March Two Thousand and Twenty Two, 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. S. MEENAKSHISUNDARAM SENIOR ADVOCATE FOR MR. N.GA. NATARAJ, Advocate for the Appeallant and of MR. VASHIK ALI, ADVOCATE FOR MR. R. MURUGAN, Advocate for the respondents 1 to 4, and having stood over for consideration till this date, and this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 28/11/2017 passed in AS. No. https://hcservices.ecourts.gov.in/hcservices/ 1/2

23 of 2015 on the file of the I Additional Sub Court, Nagercoil, confirming the judgment and decree dated 30.07.2014 passed in O.S. No.222 of 2008 on the file of the I Additional District Munsif, Nagercoil be and are hereby confirmed and this Second Appeal is dismissed.

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (Cs-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The I Additional Sub Judge, Nagercoil.

2. The I Additional District Munsif, Nagercoil. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.R.MURUGAN, Advocate ( SR-15942 dated 01/04/2022 ) +1 CC to M/s.N.GA.NATRAJ, Advocate ( SR-16241 dated 04/04/2022 ) ORDER DATED : 01/04/2022 ========================== DECREE ========================== SA(MD). No.41 of 2019 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dated 28/11/2017 passed in AS. No. 23 of 2015 on the file of the I Additional Sub Court, Nagercoil, confirming the judgment and decree dated 30.07.2014 passed in O.S. No.222 of 2008 on the file of the I Additional District Munsif, Nagercoil and etc., as stated within.

KB(13.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2