Madras High CourtAS(MD)/122/2019partly allowed

K. Latha v. K.Devi

2022-02-01Honourable Mrs Justice S.Ananthi (Retd.)2 pages

AS(MD). No.122 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the First day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice S.ANANTHI AS(MD). No.122 of 2019 K. Latha ... Appellant/Plaintiff Vs 1 K.Devi 2 K.Kannan 3 T.Amutha 4 M.Savitha 5 E. Vasanthi 6 K.Puvaneswari ... Respondents/ Defendants Prayer:- Appeal filed under Order 41 Rule 1 & 2 r/w Section 96 of C.P.C., against the judgment and decree dated 08.01.2019 made in O.S.No.75 of 2013 on the file of the VI Additional District Court, Madurai.

DECREE:- This Appeal coming on for hearing on Wednesday, the Fifth day of January Two Thousand and Twenty Two, upon perusing the grounds of Appeal, the judgment and decree of the Court First Instance and the material papers in the Suit and upon hearing the arguments of MR.S.KADARKARAI, Advocate for the Appellant and of MR.R. SURIYA NARAYANAN, Advocate for the respondents,this court having stood over for consideration till this date, while modifying the judgment and decree and allowing the appeal in part doth order and decree as follows:-

(1) That the appellant/Plaintiff be and hereby is entitled to 1/7th share in the suit schedule properties except item Nos. 3,16 & 17,

(2) That regarding item nos.3,16 & 17 of the suit Schedule of properties the suit in O.S. No. 75 of 2013 on the file of the VI https://hcservices.ecourts.gov.in/hcservices/ 1/2

AS(MD). No.122 of 2019 Additional District Court, Madurai be and hereby is dismissed,

(3) That there be no costs in this Appeal.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Enclosed herewith Copy of the Schedule of property To

1. The VI Additional District Judge, Madurai. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S.KADARKARAI, Advocate ( SR-3403 dated 01/02/2022 ) ORDER DATED : 01/02/2022 ========================== DECREE ========================== AS(MD). No.122 of 2019 Nature of Decree:- Partly allowing the Appeal preferred against judgment and decree dated 08.01.2019 made in O.S. No. 75 of 2013 on the file of the VI Additional District Court, Madurai and etc., as stated within.

RD(18.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2