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Madras High CourtAS(MD)/28/2018partly allowed

Devaraj v. Paramasivam

2021-08-17Honourable Mr Justice G.R.Swaminathan2 pages

AS(MD). No.28 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN AS(MD). No.28 of 2018 Devaraj ... Appellant/2nd Defendant Vs

1. Paramasivam ...1st Respondent/Plaintiff Chandrakasu (died)

2. S.Akilambal

3. Kanagavalli

4. C.Vasantha ... Respondent 2 to 4/Defendants 3 to 5 Prayer:- Appeal filed under Section 96 of C.P.C., against the Judgment and Decree of the II Additional District and Sessions Judge, Thanjavur dated 29.06.2017 made in Original Suit No.26 of 2014.

DECREE:- This Appeal coming on for hearing on this day, upon perusing the Grounds of Appeal, the Judgment and Decree of the Trial Court and the material papers in the Suit and upon hearing the arguments of Mr.K.K.RAMAKRISHNAN, Advocate for the Appellant and of Mr.S.PALANIVELAYUTHAM for the 1st Respondent and the Respondents 2 to 4 not appeared either in person or by an Advocate, this Court while disposing the Appeal, doth order and decree as follows:-

(1) That the Judgment and Decree of the II Additional District and Sessions Judge, Thanjavur dated 29.06.2017 made in Original Suit No.26 of be and is hereby set aside;

(2) that, the first Respondent/Plaintiff is given 75 cents of land in the first item of the suit second schedule and 2 cents of land in the suit first schedule as per the enclosed sketch and https://hcservices.ecourts.gov.in/hcservices/ 1/2

AS(MD). No.28 of 2018

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ( copy of sketch enclosed) (Schedule of Property vide separate sheet) To The II Additional District and Sessions Judge, Thanjavur Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 17/08/2021 ========================== DECREE ========================== AS(MD). No.28 of 2018 Nature of Decree:- isposing the Appeal preferred against the judgment and decree of the II Additional District and Sessions Judge, Thanjavur dated 29.06.2017 made in Original Suit No.26 of 2014 and etc., as stated within.

KB(30.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2