Madras High CourtSA(MD)/658/2015dismissed

Chellayee v. Singaravelu (Died)

2021-03-19Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Nineteenth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN SA(MD). No.658 of 2015 CHELLAYEE, W/O. NATESAN MUDALIYAR STREET PILLATHURAI , VILLAGE THATHAIYENGAR PETTAI POST MUSIRI TALUK, TRICHY DISTRICT ...

Appellant / Appellant / Plaintiff Vs 1 SINGARAVELU (died) S/O. KANDASAMY, MUDALIYAR STREET,, PILLATHURAI VILLAGE, THATHAIYENGAR PETTAI PO,, MUSIRI TALUK, TRICHY DIST..

2 MANICKAM S/O. SINGARAVELU, MUDALIYAR STREET,, PILLATHURAI VILLAGE, THATHAIYENGAR PETTAI PO,, MUSIRI TALUK, TRICHY DIST..

3 CHANDRA(AGED 57 YRS) D/o Late Singaravelu and Manickam, W/O., Ponnusamy, Mudaliyar Street, Pillathurai, Village, Thathaiyengar Pettai Post, Musiri, Taluk, Trichy Dt.

4 BHUVANESHWARI (AGED 55 YRS) D/o Late Singaravelu and Manickam, W/o, Arunachalam, D.No 8, Bharathiyar street,, Vengamedu post, Karur Taluk and Town, Karur, Dt..

5 RAVICHANDRAN (AGED 51 YRS) s.o late Singaravelu and Manickam D.No., 2/285/2, Lakshmi Nagar, Pasupathi Palayam, Village, Vennaimalai Post, Karur Taluk,, Karur Dt.

6 SENTHILVEL (AGED 48 YRS) S/o Late Singaravelu and Manickam, Door No, G93, Shanthi Nagar, Kochadai, Madurai Maluk,, Madurai Dt (RR 3 TO 6 ARE BROUGHT on record AS LRs of the deceased first respondent) ... Respondents / Respondents / Defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 29.01.2011 passed by the learned Second Additional Subordinate Judge, Tiruchirapalli in A.S. No.187 of 2009 confirming the Judgment and Decree dated 17.08.2009 made in O.S. https://hcservices.ecourts.gov.in/hcservices/

No.224 of 2003 on the file of the District Munsif, Musiri. 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.S.RAMESH, Advocate for the Appellant and of Mr.N.MOHAN, Advocate for the third to sixth respondents, and the second respondent not appeared either in person or by an Advocate, this Court doth order and decree as follows:-

(1) That the Judgment and Decree of both the Courts below be and hereby are confirmed and this second appeal is dismissed. and

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1) The Second Additional Subordinate Judge, Tiruchirapalli

2) The District Munsif, Musiri Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.V.RAGHAVACHARI, Advocate ( SR-12521 dated 19/03/2021 ) +1 CC to M/s.N.MOHAN, Advocate ( SR-12482 dated 19/03/2021 ) ORDER DATED : 19/03/2021 ========================== DECREE ========================== SA(MD). No.658 of 2015 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Second Additional Subordinate Judge, Tiruchirapalli made in A.S. No.187 of 2009 dated 29.01.2011 confirming the Decree and Judgment dt.17.08.2009 made in O.S. No.224 of 2003 on the file of the District Munsif, Musiri etc., as stated within.

KB(20.04.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/