Madras High CourtSA(MD)/204/2016dismissed

Krishnamoorthy v. Mariyayee

2019-09-26Honourable Ms. Justice P.T. Asha2 pages

SA(MD). No.204 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday the Twenty Sixth day of September Two Thousand and Nineteen PRESENT The Honourable Ms.Justice P.T.ASHA SA(MD). No.204 of 2016

1. KRISHNAMOORTHY

2. NEELAVATHI ... Appellants/Appellants/Defendants 1 & 2 Vs

1. MARIYAYEE 2 MINOR NALINI

3. MINOR AKILA, (Respondents 2 & 3 REPRESENTED BY NEXT FRIEND AND MOTHER-MARIYAYEE ... Respondents 1 to 3/ Respondents 1 to 3/Plaintiffs

4. PANKAJAVALLI ... 4th Respondent/4th Respondent/3rd Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Court of the I Additional Subordinate Judge, Tiruchirappalli dated 30.01.2012 made in A.S. No.172 of 2010, confirming the judgment and decree of the Court of the Principal District Munsif, Tiruchirappalli dated 30.08.2010 made in O.S No.2671 of 1996.

DECREE:- This Second Appeal coming upon 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.G.S.ASOK ADHITHYAN, Advocate for the Appellants and of MR.D.GANAGASABAI FOR MR.M.ASHOKKUMAR, , Advocate for Respondents 1 to 3 and of MR.A.VADIVEL, Advocate for the 4th respondent, this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 30.01.2012 made in A.S. No.172 of 2010 on the file of I Additional Subordinate Court, Tiruchirappalli confirming the judgment and decree dated 30.08.2010 made in O.S. No.2671 of 1996 on the file of the Principal District Munsif, Tiruchirappalli be and hereby are confirmed and this Second https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.204 of 2016 Appeal is dismissed.

(2) And that there be no costs in this Second Appeal. SCHEDULE OF PROPERTY The Tiled House bearing Door No.70, North Pillaiyar Koil Street, Varaganeri, Tiruchirappalli, T.S. No.14, Ward No.4, Block No.17.

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

1. The I Additional Subordinate Judge, Tiruchirappalli.

2. The Principal District Munsif, Tiruchirappalli. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.M.ASKOH KUMAR, Advocate ( SR-89667 dated 26/09/2019 ) +1 CC to M/s.G.S.ASOK ADHITHYAN, Advocate ( SR-89940 dated 27/09/2019 ) ORDER DATED : 26/09/2019 ========================== DECREE ========================== SA(MD). No.204 of 2016 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dt. 30.01.2012 made in A.S. No. 172/2010 on the file of the I Addl. Sub. Court, Tiruchirappalli confirming the Judgment and decree dt. 30.08.2010 made in O.S. No. 2671 of 1996 on the file of the Principal Dist.

Munsif Court, Tiruchirappalli.

JMN(11.12.2019) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2