Madras High CourtSA(MD)/804/2014allowed

V.Raman, v. Parukki Nachan,

2023-01-06Honourable Mr Justice N. Seshasayee4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Sixth day of January Two Thousand Twenty Three PRESENT The Hon`ble Mr.Justice N.SESHASAYEE SA(MD). No.804 of 2014 1 V.RAMAN ...

Appellant / Appellant / Plaintiff Vs 1 PARUKKI NACHAN, 2 AZHAGAMMAL, Nachammal (Died) 3 PITCHAN, 4 AZHAGAR, 5 PARVATHI, 6 CHINNAMMAL, 7 THANGAIAH, 8 PANCHU, ... Respondents / Respondents / Defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 19.09.2013 made in A.S. No.70 of 2012 on the file of the Additional Subordinate Court, Dindigul confirming the Judgment and Decree dated 28.06.2012 made in O.S. No.166 of 2006 on the file of the District Munsif-cum-Judicial Magistrate, Natham.

DECREE:- This Second Appeal coming on for hearing on Thursday, the eighth day of December Two thousand and twenty two, 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 Suit and upon hearing the arguments of Mr.H.LAKSHMI SHANKAR, Advocate for the Appellant and of Mr.S.

1) That the Judgment and Decree dated 28.06.2012 made in O.S. No.166 of 2006 on the file of the District Munsif-cum-Judicial Magistrte, Natham is decreed and the Second Appeal is allowed.

2) That there be no costs in this Appeal.

Sd/- Assistant Registrar(CS-III) // True Copy // /03/2023 Sub Assistant Registrar(CS) ABR To

1) The Additional Subordinate Judge, Dindigul

2) The District Munsif-cum-Judicial Magistrate, Natham Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.H.LAKSHMI SHANKAR, Advocate ( SR-1355 dated 09/01/2023 ) +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-1240 dated 06/01/2023 ) ORDER DATED : 06/01/2023 ========================== DECREE ========================== SA(MD). No.804 of 2014 Nature of Decree:- Allowing the Second Appeal preferred against the judgment and decree dated 19.09.2013 passed in A.S.

No.70 of 2012 by the Additional Subordinate Judge, Dindigul confirming the Judgment and Decree dated 28.06.2012 passed in O.S. No.166 of 2006 on the file of the District Munsif-cum-Judicial Magistrate, Natham etc., as stated within.

SI(02.03.2023) 2P/ 7C

Appellant / Appellant / Defendant .Vs.

1) AZHAGAMMAL NACHAMMAL (DIED)

2) NACHAN @ PARAKKI NACHAN, , 3 PITCHAN 4 AZHAGAN 5 PARVATHI 6 CHINNAMMAL 7 THANGAIAH 8 PANCHU ...

Respondents / Respondents / Plaintiffs Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 19.09.2013 made in A.S. No.72 of 2012 on the file of the Additional Subordinate Court, Dindigul confirming the Judgment and Decree dated 28.06.2012 made in O.S. No.168 of 2006 on the file of the District Munsif-cum-Judicial Magistrate, Natham. DECREE:- This Second Appeal coming on for hearing on Thursday, the eighth day of December Two thousand and twenty two, 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 Suit and upon hearing the arguments of Mr.H.LAKSHMI SHANKAR, Advocate for the Appellant and of Mr.S.SARVANGAN PRABHU, Advocate for the second and fourth respondent first, third fifth to eighth respondents not appeared either in person or by an Advocate, and having stood over for consideration till this date, this Court doth order and decree as follows:-

1) That the Judgment and Decree dated 28.06.2012 made in O.S. No.168 of 2006 on the file of the District Munsif-cum-Judicial Magistrte, Natham is reversed and the Second Appeal is allowed.