R.Sarojini v. Kausalya
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the First day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR SA(MD). No.344 of 2014 and CROSS OBJ(MD) No.11 of 2014 SA(MD) No.344 of 2014 R.SAROJINI, W/O. S.SRINIVASAGAM, NO.65/7 8TH STREET , KARPAGA NAGAR, K.PUDUR MADURAI 625 007. ... APPELLANT / RESPONDENT / PLAINTIFF Vs 1 KAUSALYA W/O.THIRU LAKSHMANAN C.CHETTY F3, SAROJ APARTMENTS VIJAY NAGAR, AGYAM MARGO, GOA - 403 601.
2 T.T.KRISHNAN S/O. THANGAVEL, AYYAMPATTI, GUNDUR VILLAGE,, TIRUCHIRAPPALLI-7 ... RESPONDENTS /APPELLANTS / DEFENDANTS 3 S.JEYARANI, W/O.CHOKKAR, NO.17, EAST ST, K.SATHANUR, TRICHY, R4 IS, (IMPLEADED VIDE COURT ORD. DT.23.08.17 MADE, IN CMP(MD)12498/16 IN SA(MD)344/14 ... RESPONDENTS Cross Obj(MD) No.11 of 2014 1 KAUSALYA W/O.THIRU LAKSHMANAN C.CHETTY F3, SAROJ APARTMENTS VIJAY NAGAR, AGYAM MARGO, GOA - 403 601.
3 T.T.KRISHNAN S/O. THANGAVEL, AYYAMPATTI, GUNDUR VILLAGE,, TIRUCHIRAPPALLI-7 ...CROSS OBJECTORS / RESPONDENTS 1 & 2 / APPELLANTS / DEFENDANTS ... Vs. ...
R.SAROJINI, W/O. S.SRINIVASAGAM NO.65/7 8TH STREET , KARPAGA NAGAR K.PUDUR MADURAI 625 007 .. RESPONDENT / APPELLANT / RESPONDENT / PLAINTIFF Prayer in Second Appeal :-Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal District Judge, Tiruchirapalli dated 29.11.2013 in A.S. No.24 of 2013, preferred against the judgment and decree of the Principal Subordinate Judge, Tiruchirapalli made in Original Suit No.454 of 2006 dated 29.01.2013.
Prayer in Cross Objection :-Cross Objection filed under Order 41 Rule 22 of the Civil Procedure Code, against the Judgment and of the Principal District Judge, Tiruchirapalli dated 29.11.2013 passed in A.S. No.24 of 2013, preferred against the judgment and decree of the Principal Subordinate Judge, Tiruchirapalli passed in Original Suit No.454 of 2006 dated 29.01.2013.
DECREE:- This Second Appeal and Cross Objection coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the appeal and upon hearing the arguments of MR.AR.L.SUNDARESAN, Advocate for the Appellant in Second Appeal and the Advocate for Respondent in Cross Objection and of Mrs.N.Krishnaveni, Senior Counsel for Mr.P.Thiagarajan, Advocate for the second respondent in Second Appeal and the Advocate for Cross Objectors Mr.A.Pushpanathan, Advocate for the third Respondent in Second Appeal and none appeared for the first respondent, this Court doth order and decree as follows:-
(1) That the finding of the First Appellate Court negativing the relief only on the ground of Section 17(1) (A) of the Registration Act be and hereby is set aside and the Judgement of the Trial Court is restored and the Second Appeal is allowed and the Cross Objection is dismissed;
(2) That the defendants also deposited some amount and the same may be returned;
(3) That the Plaintiff shall pay the remaining the sale consideration, if not already deposited in Court, within a period of two months from the date of receipt of a copy of this order;
(4) That the defendant be and hereby is directed to execute the sale in favour of the Plaintiff within one month thereon.
(5) That in the event of failure to execute the Sale deed, the Plaintiff is at liberty to get the sale deed through the Court of Law; and
(6) That there be no costs in this Second Appeal.
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'A' Schedule as per the will dated 07.05.1964:- Tiruchirappalli District and RDT, Tiruchirappalli TK, Tiruchirappalli Joint II SubDistrict, No.43, Gundur Village, Patta No.236, The Land measuring an extent of Ac.7.83 Cents in S.F. No.360.
'B' Schedule as per the settlement deed dated 28.12.1970:- Tiruchirappalli Dt and RDT, Tiruchirappalli Taluk, Tiruverumbur Sub Dt., No.43 Gundur Village, Patta No.236, The Land measuring an extent of Ac.2.00 cents out of the total extent of Ac.7.83 Cents. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To
1) The Principal District Judge, Tiruchirapalli
2) The Principal Subordinate Judge, Tiruchirapalli. Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.AL.GANDHI MATHI, Advocate ( SR-2999 dated 03/02/2021 ) ORDER DATED : 01/02/2021 ========================== DECREE ========================== SA(MD). No.344 of 2014 and CROSS OBJ (MD) No.11 of 2014 Nature of Decree:- Allowing the Second Appeal and Dismissing the Cross Objection the preferred against the judgment and decree of the Principal District Judge, Tiruchirapalli in A.S. No.24 of 2013 dated 29.11.2013 preferred against the judgment and decree of the Principal Subordinate Judge, Tiruchirapalli in O.S.No.454 of 2006 dated 29.01.2013 etc., as stated within.
VB (02.03.2021) 3P 6C