Madras High CourtSA(MD)/221/2015allowed

Chinnandi Ambalam v. Vellaiyanambalam,

2021-02-18Honourable Mr Justice R. Subramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighteenth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice R.SUBRAMANIAN SA(MD). No.221 of 2015

1. CHINNANDI AMBALAM,

2. Thangapandian (Died)

3. Andichamy 4 Sivanayagam 5 Pushpam

6. Seetha

7. Chinnammal

8. Danajayapandi

9. Minor.Gomathi 10.Minor Ponnumani 11.Sembayee ... Appellants/Respondents/Defendants (Appellants 7 to 11 are brought on recoords LRs of deceased A2) (9th and 10th minor appellants are represented by their mother and guardian/the 6th appellant) Vs 1 VELLAIYANAMBALAM, 2 PANDIAYARAJAN ... Respondents/Respondents/ Claimants. Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Additional Sub Court,Dindigul, dated 11.07.2014 made in Appeal Suit No.6 of 2013 preferred against the judgment and decree of the court of the Principal District Munsif Court, Dindigul, dated 08.11.2012 made in Original Suit No.153 of 2009.

DECREE:-This Second Appeal 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 Suit and upon hearing the arguments of Mr.H.LAKSHMI SHANKAR, Advocate for the Appeallants and of Mr.R.RAMADURAI, Advocate for the respondents, while allowing the Second Appeal, Court doth order and decree as follows:-

1) That the Judgments and decrees of the courts below be and hereby are set aside and the matter is remitted back to the Trial Court namely Principal District Munsif Court, Dindigul.

(2) that, the Principal District Munsif Court, Dindigul do restore the suit in its original number and proceed to dispose the suit in light of the observation and directions contained in the judgment herein.

(3) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Additional Sub Judge, Dindigul, 2.The Principal District Munsif , Dindigul,

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.H.LAKSHMI SHANKAR, Advocate ( SR-6103 dated 19/02/2021 ) ORDER DATED : 18/02/2021 ========================== DECREE ========================= SA(MD). No.221 of 2015 Nature of Decree: Allowing the Second Appeal,preferred against the judgment and decree of the Additional Sub Court, Dindigul, dated 11.07.2014 made in Appeal Suit No.6 of 2013 preferred against the judgment and decree of the court of the Principal District Munsif Court, Dindigul, dated 08.11.2012 made in Original Suit No.153 of 2009.

VB (26.03.2021) 3P 6C