Sajukumar,S/O.Late.Thankappan, v. Palammal (Died) (1) Kanakam Nadar,S/O.Late.Madhavan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventh day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN AS(MD). No.226 of 2019 SajuKumar ... Appellant/ 5th Plaintiff Vs Palammal (died) 1 Kanakam Nadar 2 Packianathan 3 Pathrose 4 Rajamma 5 Vasantha Kumari 6 Ronickom ... Respondents 1 to 6/Defendants 2 to 7 Kanakabai @ Kanakam(died) 7 Dennis Jeyaraj 8 Jones 9 Rabi, (Memo in USR No. 3194 DATED 03/02/2020(filed on 07.02.2020) is recorded, as the appellant has given up the eighth respondent vide order dated 11.02.2021) ... Respondents 7 to 9/Plaintiffs 2 to 4 Prayer:- Appeal Suit filed under Section 96 of C.P.C., against the Judgment and Decree dated 07.02.2019 made in O.S.No.141 of 2009 on the file of the learned Additional District and Sessions Judge (Fast Track Court), Nagercoil, in sofar as the same is against the appellant.
DECREE:- This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the First Instance and the material papers in the Suit and upon hearing the arguments of MR.K.N.THAMBI, Advocate for the Appellant
and of MR.R.VIJAYAKUMAR FOR MR. M.ASHOK PADMARAJ, Advocate for the respondents 1 to 6 and MR. G.RAMANATHAN, Advocate for the 7th and 9th respondents, this Court doth order and decree as follows:-
(1) That the Judgment and decree dated 07.02.2019 made in O.S.No.141 of 2009 on the file of the learned Additional District and Sessions Judge / Fast Track Court, Nagercoil, be and hereby is set aside and this appeal is Allowed;
(2)That Appellant and respondents 7 to 9 herein/Plaintiffs be and hereby is granted 1⁄2 share in the suit 'B' schedule while Respondents 1 to 6 herein/defendants 2 to 7 will be entitled to remaining 1⁄2 share in the suit 'B' schedule;
(3) That the Respondents 1 to 6 herein /defendants 2 to 7 be and hereby are directed to pay a sum of Rs. 8,00,000/-(Rupees. Eight Lakhs only) to the Appellant and respondents 7 to 9 herein / Plaintiffs with interest @ 6% p.a from the date of filing of the suit till the date of payment as conceded as monetary value for the share of the plaintiffs in the 'A' schedule properties and on such payment being paid, the Respondents 1 to 6 herein /defendants 2 to 7 be and hereby is entitled to take properties in the 'A' schedule;
(4) That the Respondents 1 to 6 herein /defendants 2 to 7 be and hereby are granted Six months time to make the aforesaid payment to the Appellant and respondents 7 to 9 herein /plaintiffs. If at the end of the Six months period the defendants are not able to make payment the Appellant and respondents 7 to 9 herein /Plaintiffs be and hereby are grated 1⁄2 share in the suit of 'A' schedule;
(5) That the parties be and hereby are directed to pay Court fee towards their shares before the Trial Court; and
(6) That there be no costs in this Appeal.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Additional District and Sessions Judge (Fast Track Court), Nagercoil.
Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies
+1 CC to M/s.K.N.THAMPI, Advocate ( SR-28388 dated 07/09/2021 ) +1 CC to M/s.M.ASHOK PADMARAJ, Advocate ( SR-28465 dated 07/09/2021 ) ORDER DATED : 07/09/2021 ========================== DECREE ========================== AS(MD). No.226 of 2019 Nature of Decree:- Allowing the Second Appeal preferred against the against the Judgment and Decree dated 07.02.2019 made in O.S.No.141 of 2009 on the file of the learned Additional District and Sessions Judge (Fast Track Court), Nagercoil, in so far as the same is against the appellant and etc., as stated within.
RK (27/10/2021) 5P 6C