Madras High CourtSA(MD)/106/2016dismissed

Senthil Kumar v. Iyyalusamy (Died)

2019-09-19Honourable Ms. Justice P.T. Asha2 pages

SA(MD). No.106 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday,the Nineteenth day of September Two Thousand and Nineteen PRESENT The Hon'ble Ms.Justice P.T.ASHA SA(MD). No.106 of 2016

1. Senthil Kumar

2. Malliga ... Appellants Vs 1 IYYALUSAMY (DIED) 2 THULASILAKSHMI 3 A.ALAGIRISAMY 4 A.SATHURAPPAN 5 S.KAMALA MARIAMMAL 6 A. SANTHA 7 V.VENKATESWARI (R-2 TO R-7 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1ST RESPONDENT VIDE COURT ORDER DT.25.7.16 MADE IN CMP(MD)6164/16 IN SA(MD)106/2016 ) ... Respondents Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Subordinate Court, Sankarankovil dated 25.09.2014 made in Appeal Suit No.3 of 2014, preferred against the judgment and decree of the Principal District Munsif Court, Sankarankovil made in Original Suit No. 117 of 2012 dated 03.09.2013 DECREE:- This Second Appeal coming upon for hearing on this day and 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.D.NALLATHAMBI, Advocate for the Appellants and of MR.PTS.NARENDRAVASAN, Advocate for the respondents, 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.

(2) That the appellants herein/defendants be and hereby are directed to vacate the plaint schedule property and hand over the same to the respondents within a period of six months as per their affidavit of undertaking dated 30.09.2019 in pursuant to the earlier order of this Court dated 19.09.2019, and https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.106 of 2016

(3) That there be no costs in this Appeal.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) Encl.: Xerox Copy of Affidavit filed on 30.09.2019 TO

1. The Subordinate Judge, Sankarankovil

2. The Principal District Munsif, Sankarankovil Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.PT.S.NARENDRAVASAN, Advocate (SR-87757 dated 19/09/2019 ) ORDER DATED : 19/09/2019 ========================== DECREE ========================== SA(MD). No.106 of 2016 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Subordinate Court, Sankarankovil dated 25.09.2014 made in Appeal Suit No.3 of 2014, preferred against the judgment and decree of the court of the Principal District Munsif Court, Sankarankovil made in Original Suit No. 117 of 2012 dated 03.09.2013 etc., as stated within.

MK (17.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2