Madras High CourtCMA(MD)/534/2016allowed

L.Muthusubramanian, v. Padmavathi (Died)

2021-03-01Honourable Mrs Justice T. Krishnavalli (Retd.)4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs. Justice T.KRISHNAVALLI L.MUTHUSUBRAMANIAN, ... APPELLANT/6TH RESPONDENT/6TH DEFENDANT VS PADMAVATHI (DIED)

1. J. PALRAJ 2 J.CHANDRASEKAR, 3 J.SOMASEKAR 4 J.DEVIDASAN 5 G.SAROJA, 6 R.JAYANTHIMALA 7 N.JEYASHAKUNTHALA, 8 A.BANUMATHI ...R1 TO R8/R1 TO R8/PLAINTIFFS 2 TO 9 A.B.M.RAMANATHAN CHETTIAR (DIED) SANJIVI CHETTIAR (DIED) 9 T.S.SRINIVASAN 10 KAMALAVALLI THAYAR, 11 RAJESWARI ...R9 TO R11/R3 TO R5/D3 TO D5 LATHA @ MEENAKSHISUNDARESWARI (DIED) 12 SAIKALA 13 CHITRA, 14 SRINIVASAN 15 MANI ...R12 TO R15/R8 TO R11/DEFENDANTS 8 TO 11 INDRAVATHI (DIED) 1/4

16 CHANDRA 17 ANDALDEVI 18 SUDHANDRA ...R16 TO R18/R13 TO R15/DEFENDANTS 13 TO 15 RAMANATHAN MUDALIAR (DIED) 19 PATTABI CHETTIAR 20 T.G.SRINIVASAN, 21 THIRUVARUL FINANCE CORPN., REP BY MANAGER, ASHOK KUMAR, DOING BUSINESS, AT 631, JAWAHAR BAZAAR. KARUR TOWN.

22 RADHAKRISHNAN, 23 V.PARTHASARATHY 24 RAJAGOPALAN 25 MUTHUKARUPPA PILLAI ...R19 TO R25/R17 TO R23/ DEFENDANTS 17 TO 23 RAMAYYAR (DIED) 26 DWARAKANATHAN 27 SRINIVASAN ...R26 AND R27/R25 AND R26/D25 AND D26 RAGAVENDRAN (DIED) 28 RAMADOSS ...R28/28/DEFENDANT NO.28 CHANDRASEKARAN (DIED) 29 MUTHUKRISHNA VATHIAR 30 KANNAN 31 INDIAN POST AND TELEGRAPH DEPARTMENT REP BY POST MASTER, KARUR, NO.90,, RANI MANGAMMAL ST., KARUR TOWN..

32 ALAMELU AMMAL ... R29 TO R32/R30 TOR33/ DEFENDANTS 30 TO33 VIITALA (DIED), R. SIVABACKIYAM (DIED).

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33 MALA 34 LAKSHMI 35 RAJAGOPAL 36 SIVAKUMAR 37 RAMESH 38 RENGANATHAN 39 USHA RANI, 40 VENKATRAMAN 41 SAI KIRUTHIKA ...R33 TO 41/ R36 TO R44/ DEFENDANTS 36 TO 44 (As Respondents 19 to 37 are tenants in the suit properties they are not necessary parties. Hence, notices to them may be given up). Prayer:- Civil Miscellaneous Appeal filed under Order XLIII Rule 1U of the Civil Procedure Code against the judgment and decree, dated 14/03/2016 passed in A.S. No.29 of 2009 by the Principal District Court, Karur, confirming the judgment and decree, dated 26/02/2009 passed in O.S. No.321 of 1991 by the Subordinate Court, Karur. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR. K. MANIKANDAN, Advocate for the Appellant and of MR. K. GOVINDARAJAN, Advocate for the 1 to 4 respondents, MR. S. Jeya Singh for 31st Respondent, No appearance for RR5,6,7,9,11,14,15,17 AND RR40, this Court doth order and decree as follows:-

1. this Civil Miscellaneous Appeal be and hereby is allowed, by setting aside the judgment and decree, dated 14/03/2016 passed by the Principal District Court,Karur District, made in A.S.No.29/2009;

2. that the matter be and hereby is remitted back to the first appellate court and the first appellate court namely the Principal District Court, Karur, is directed to dispose of A.S.No.29/2009 in O.S. No.321/1991 afresh purely on merits after perusing the entire materials available on records and in accordance with law within a period of four weeks from the date of receipt of a copy of this 3/4

order;and

3. that there be no order as to cost in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.

The Principal District Judge, Karur District. 2.

The Sub Judge, Karur District.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 23. (2 Copies) +1 CC to M/s.JEYASINGH, Advocate ( SR-7931 dated 01/03/2021 ) +1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-8242 dated 02/03/2021 ) +1 CC to M/s.K.MANIKANDAN, Advocate ( SR-8561 dated 03/03/2021 ) ORDER DATED : 01/03/2021 ========================== DECREE ========================== CMA(MD).No.534 OF 2016 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree, dated 14/03/2016 passed in A.S. No.29 of 2009 by the Principal District Court, Karur, confirming the judgment and decree, dated 26/02/2009 passed in O.S.

No.321 of by the Subordinate Court, Karur.

SSS(CO) TR(29.04.2021) 4P 8C 4/4