Thangasamy (Died) , E.Jeyaraman, v. Ramkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA AS(MD). No.229 of 2021 IN CMP(MD)NOs.7463 and 7464 of 2021 1.THANGASAMY (DIED) 2.E.JEYARAMAN 3.E.MOHANRAM 4.M.CHANDRA CHAITANYA ... Appellants/LR of the deceased/ sole plaintiff Vs 1.RAMKUMAR 2.S.MURUGAN ... Respondent/Defendants Prayer in AS(MD). No.229 of 2021 :- This First Appeal filed Under Section 96 of C.P.C. to set aside the judgment and decree passed in O.S.No.60/2016 dated 24-012020 on the file of the 2nd Additional District Court,Tuticorin. DECREE:- This First Appeal coming on for hearing on this day, upon perusing the Grounds of Appeal, the judgement and decree of the lower court and the material papers in the suit and upon hearing the arguments of MR.B.GUNASANKAR for MR.H.ARUMUGAM Advocate for the Appellants and of MR.N.TAMILMANI Advocate for Mr.M.Velkrni raju,Advocate for the Respondents, this court while Disposing the Appeal, doth order and decree as follows:-

(1) That the judgement and decree passed in O.S.NO 60 of 2016 dated 24.01.2020 on the file of the 2nd Addititonal District Court, Tuticorin, be and hereby are set aside and remanded to the file of 2nd Additional District Judge, Tuticorin for fresh disposal by appreciating the evidence on record within a period of three months from the date of receipt of a copy of this judgement.

(2) that, the 2nd Additional District Court, Tuticorin do restore the Original suit to its original number in the registrer and proceed to dispose of the case in the light of the observations and directions given in the Judgement herein. https://hcservices.ecourts.gov.in/hcservices/

(3) That there be no cost in this First Appeal. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The 2nd Additional District Judge, Tuticorin. Copy to:

1. The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai (2 copies)

2. The Assistant Register Court Officers Section.

Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-15507 ) ORDER DATED : 29/03/2022 ========================== DECREE ========================== AS(MD). No.229 of 2021 Allowing the AS(MD). No.229 of 2021 preferred against judgment and decree passed by O.S.NO 60 of 2016 dated 24.01.2020 on the file of the 2nd Addititonal District Court, Tuticorin,etc. as stated within.

MGJ(12.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/