M. Muthammal v. S. Murugan
S.A.(MD)No.429 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( CIVIL APPELLATE JURISDICTION ) WEDNESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND TWENTY ONE PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)NO.429 OF 2014 1.M.Muthammal 2.P.Subbiah 3.R.Sivathanu 4.C.Naina Mohamed 5.A.Vaikal Mahasootha Ali ... Appellants/Appellants/Defendants -Vs1.S.Murugan 2.M.Subramonian (died) 3.M.Paradesi 4.M.Santhini 5.M.Jamuna 6.M.Kavitha ... Respondents/Respondents/Plaintiffs 7.Uma 8.Mahalakshmi 9.Venkatesh (R7 to R9 are suo motu impleaded as Lrs of the deceased 2nd respondent vide order dated 06.09.2021) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.67 of 2012 on the file of the Principal Sub Court, Nagercoil, dated 21.10.2013 confirming the decree and judgment in O.S.
No.665 of 2009 on the file of the Principal District Munsif Court, Nagercoil, dated 08.03.2012. DECREE:- This Second Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal and the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the materials papers in the suit and upon hearing the arguments of Mr.C.Sankar Prakash, Advocate for the Appellants, Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi, Advocate for the 2nd,3rd,5th to 9th Respondents, and none appeared for 4th Respondent either by person or through counsel, while dismissing the appeal this court doth order and decree as follows.
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S.A.(MD)No.429 of 2014 i)That the judgment and decree in A.S.No.67 of 2012 on the file of the Principal Sub Court, Nagercoil, dated 21.10.2013 confirming the decree and judgment in O.S.No.665 of 2009 on the file of the Principal District Munsif Court, Nagercoil, dated 08.03.2012, be and hereby are confirmed and this Second Appeal is dismissed. ii)that there be no order as to costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Principal Sub Judge, Nagercoil.
2.The Principal District Munsif, Nagercoil.
COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +2 CC to M/s.D.NALLATHAMBI, Advocate (SR-31585 & 31879[F] ORDER DATED 06.10.2021 DECREE SA(MD).429 OF 2014 Nature of Decree:- Dismissing the Second Appeal preferred against judgment and decree in A.S.No.67 of 2012 on the file of the Principal Sub Court, Nagercoil, dated 21.10.2013 confirming the decree and judgment in O.S.No.665 of 2009 on the file of the Principal District Munsif Court, Nagercoil, dated 08.03.2012,etc., stated there in.
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