A. Joseph v. A. Vasantha, W/O. A.Xavier

AS(MD). No.8 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Twenty Two PRESENT The Hon'ble Ms.Justice R.N.MANJULA AS(MD). No.8 of 2016 1 A. JOSEPH 2 A. GNANASEKARAN ... Appellants / Defendants Vs 1 A. VASANTHA 2 A. SHANTHA 3 A. JESU 4 A. STELLA MARY 5 A. AMALRAJ DAVID 6 A. SAHAYAMARY (REPRESENTED BY THEIR POWER OF ATTORNEY A.AMALRAJ DAVID 5TH RESPONDENT) ... Respondents/ Plaintiffs Prayer :- The Appeal Suit is filed under Section 96 r/w Order 41 Rule 1 & 2 of the Civil Procedure Code, 19078 against the judgment and decree of the learned Additional District and Sessions Judge, Dindigul, dated 04.06.2012 in O.S.No.85 of 2010.

Decree:- This Appeal Suit is coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the Trial Court and the material papers in the Suit and upon hearing the arguments of MR.R.NANDAKUMAR, Advocate for the Appellants and of MR.D.

(1) That the judgment and decree in O.S.No.85 of 2010 on the file of the Additional District and Sessions Judge, Dindigul, dated 04.06.2012 be and hereby is modified to the effect that the plaintiffs and the defendants are entitled to 1/8th share in the https://hcservices.ecourts.gov.in/hcservices/ 1/2

AS(MD). No.8 of 2016 suit properties as well as in the property purchased vide Ex.B2/Sale deed dated 28.07.2008; and

(2) that the parties be and hereby are at liberty to file an appropriate application before the trial Court to include the properties purchased vide Ex.B2/Sale deed dated 28.07.2008 in the final decree proceedings; and

(3) that the learned trial Judge be and hereby are directed to disposed the final decree application as early as possible; And

(4) That there be no costs in this Appeal Suit. Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl.: xerox copy of Schedule of Property TO The Additional District and Sessions Judge, Dindigul.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai(2 copies) ORDER DATED : 27/04/2022 ========================== DECREE ========================== AS(MD). No.8 of 2016 Disposing of the AS(MD). No.8 of 2016 preferred against judgment and decree of the learned Additional District and Sessions Judge, Dindigul, dated 04.06.2012 in O.S.No.85 of 2010 etc. as stated within.

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