Madras High CourtSA(MD)/168/2018dismissed

Santhakumari(Died) v. Ambika Devi

2025-07-07Honourable Mr.Justice G.Arul Murugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025 CORAM :

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN S.A.(MD)Nos.168 and 169 of 2018 and C.M.P(MD)No.4496 of 2018 and C.M.P(MD)No.7427 of 2019 S.A.(MD)No.168 of 2018 Santhakumari (Died) 2.Anakha Santhakumari (2nd Appellant is brought on record as legal heir of the deceased sole appellant vide Court order dated 02.04.2024) ... Appellant / Appellant / 2nd Respondent / 2nd Defendants Vs 1.Ambika Devi 2.Akshaya ... Respondents 1 and 2 / Respondents 1 and 2 / Appellants / Plaintiffs 3.Valsala Kumari ... 3rd Respondent / 3rd Respondent / 1st Respondent / 1st Defendant Prayer : This Second Appeal is filed under Section 100 C.P.C., against the judgment and decree dated 19.09.2017 passed in A.S.Nos.32 and 46 1/4

of 2013 on the file of the Subordinate Judge, Kuzhithurai, confirming and modifying the judgment and decree dated 25.02.2013, passed in O.S.No.266 of 2006 on the file of I Additional District Munsif, Kuzhithurai.

S.A.(MD)No.168 of 2018 Valsala Kumari ... Appellant / Appellant / 1st Respondent / 1st defendant Vs 1.Ambika Devi 2.Akshaya ... Respondents 1 and 2 / Respondents 1 and 2 / Appellants / Plaintiffs 3.Santha Kumari (Died) ... 3rd Respondent / 3rd Respondent / 2nd Respondent / 2nd Defendant 4.Anakha Santhakumari (R4 is brought on record as legal heirs of the deceased 3rd respondent vide Court order dated 02.04.2024) Prayer : This Second Appeal is filed under Section 100 C.P.C., against the judgment and decree dated 19.09.2017 passed in A.S.Nos.36 and 46 of 2013 on the file of the Subordinate Judge, Kuzhithurai, confirming and modifying the judgment and decree dated 25.02.2013, passed in O.S.No.266 of 2006 on the file of I Additional District Munsif, Kuzhithurai.

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For Appellants : Mr.J.Anandhavalli (in both SAs) For Respondents : No appearance (in both SAs) C O M M O N O R D E R Learned counsel appearing for the appellants reports no instructions in both the Second Appeals.

2. Recording the submissions and endorsement made, both the Second Appeals are dismissed. Consequently, connected miscellaneous petitions are closed.

07.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Registry is directed to remove the name of Mr.K.N.Thampi, learned counsel for respondents 1 and 2, since he has submitted that already the papers have been returned to the parties.

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G.ARUL MURUGAN, J.

pnn To

1. The Subordinate Judge, Kuzhithurai.

2. The I Additional District Munsif, Kuzhithurai.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)Nos.168 and 169 of 2018 and C.M.P(MD)No.4496 of 2018 and C.M.P(MD)No.7427 of 2019 07.07.2025 4/4