Madras High CourtSA(MD)/196/2016dismissed

A.Nagarajan(Died) v. P.Arumugam

2019-10-18Honourable Ms. Justice P.T. Asha2 pages

SA(MD). No.196 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Eighteenth day of October Two Thousand and Nineteen PRESENT The Hon'ble Ms.Justice P.T.ASHA SA(MD). No.196 of 2016 1 A.Nagarajan(Died) 2 Easwari 3 Nagalakshmi 4 Nagarethinam 5 Dhanalakshmi 6 Velayutham 7 Arumugam (Appellants 2 to 7 are brought on record as legal heirs of the deceased sole appellant, vide order of this Court, dated 02.08.2019, in C.M.P.(MD)Nos.2574 to 2576 of 2016) ... Appellants/Appellants/Defendants Vs P.Arumugam ... Respondent/Respondent/Plaintiff Prayer :

Second Appeal is filed under section 100 of Civil Procedure Code to set aside the Judgment and Decree dated 27.08.2014 made in A.S.No.14 of 2013 on the file of the V Additional District Court, Madurai, confirming the Judgment and Decree dated 22.11.2012 made in O.S.No.551 of 2007 on the file of the I Additional Subordinate Court, Madurai.

Decree:

Second Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in this Appeal and upon hearing the arguments of Mr.A.Thiayagarajan, Advocate for the Appellants and of Mr.T.K.Gopalan, Advocate for the Respondents, this Court while dismissing the Appeal and confirming the order passed by the Courts below, doth order and decree as follows:

1.That, the Judgment and Decree dated 27.08.2014 made in A.S.No.14 of 2013 on the file of the V Additional District Court, Madurai, confirming the Judgment and Decree dated 22.11.2012 made in O.S.No.551 of 2007 on the file of the I Additional Subordinate Court, Madurai be and hereby are confirmed and the Second Appeal is dismissed; and https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.196 of 2016 2 That there be no costs, in this Second Appeal. Schedule of Property That all pieces of Land, in Madurai South Re.Di.Sholavandan Sub Division, Vadipatti Taluk, Thiruvedagam Vilaage, Ayan Nanja ReSurvey 71/5 an extent of 0.38.5 Hectares equivalent to 95 cents with a well which is bounded on the West by : Kanagavel Nanja land.

North by: East west irrigation channel.

East by : Edaganathasamy koil Nanja land and South by: Chettiar Vagayara Nanja land.

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

1. The V Additional District Judge, Madurai.

2. The I Additional Subordinate Judge, Madurai. Copy to The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (+2copies) +1 CC to M/s.T.K.GOPALAN, Advocate SR-93158.

ORDER DATED : 18/10/2019 ========================== DECREE ========================== SA(MD). No.196 of 2016 Nature of Decree : Dismissing the Second Appeal to set aside the Judgment and Decree dated 27.08.2017 made in A.S.No.14 of 2013 on the file of the V Additional District Court, Madurai, confirming the Judgment and Decree dated 22.11.2012 made in O.S.No.551 of 2007 on the file of the I Additional Subordinate Court, Madurai etc. as stated within.

CS(21.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2