Soundhirapandian v. Gurusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN S.A(MD).No. 92 of 2019 and C.M.P(MD).No.2519 of 2019 Soundhirapandian ... Appellant Vs.

1. Gurusamy

2. Gajendran

3. Peyandi

4. Sundaravalli

5. Sivanesan

6. Andi @ Chandran

7. Mayee @ Mayandi (died)

8. Nagajothi

9. Thilagam @ Thilagavathy

10. Sundaravalli

11. Vadamalai @ Sunda Thevar

12. Eswari

13. Ganga @ Gangadevi

14. Minor Kabilan

15. Minor Naga Bharathi ... Respondents

(R14 & R15 are brought on record as LRs of the deceased seventh respondent vide common order dated 23.11.2023 made in CMP(MD).No.6452 and 6453 of 2019 in SA(MD).No.92 of 2019 by SSYJ) (R14 & R15 are represented through their paternal aunt and guardian 9th respondent Thilagam @ Thilagavathy, who is appointed as guardian of minor R14 and R15 vide common order dated 23.11.2023 made in CMP(MD).Nos. 6452 and 6453 of 2019 in SA(MD).No.92 of 2019 by SSYJ) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside decree and judgment dated 25.01.2017 passed in A.S.No.90 of 2015 on the file of the learned Subordinate Judge, Tirumangalam Camp Court, confirming the judgment and decree granting preliminary for partition in respect of appellant's 1/5th share in items 2,3 and 6 plaint "A" schedule properties and dismissal of appellant's share in other suit properties passed in O.S.No.308 of 2004 dated 25.08.2012 on the file of the District Munsif, Tirumangalam.

For Appellant : Mr.N.Vallinayagam For Respondents : Mr.S.Muniyandi (for R1) Mr.K.K.Senthil (for R5) R7-died No representation (for R2 to R4, R6, R8 to R15)

JUDGMENT

The learned counsel for the appellant reports 'No instructions' and filed a memo dated 19.06.2025.

2. Recording the memo dated 19.06.2025, this Second Appeal is dismissed. However, there is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

19.06.2025 NCC : Yes / No Index : Yes / No Rmk To 1.The Subordinate Judge, Tirumangalam.

2.The District Munsif, Tirumangalam.

3.VR Section, Madurai Bench of Madras High Court, Madurai.

G.ARUL MURUGAN , J.

Rmk S.A(MD).No. 92 of 2019 and C.M.P(MD).No.2519 of 2019 19.06.2025