Madras High CourtSA(MD)/603/2016dismissed

J.Vanitha Jeslin, v. D.Samuel (Died)

2021-02-09Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN SA(MD) No.603 of 2016 J.VANITHA JESLIN, D/O.T.JUSTUS ROBINSON, KNILL ST., AGASTEESWARAM TK.

NAGERCOIL, KK DIST.

:Appellant/Appellant/Plaintiff Vs D.SAMUEL (DIED) 1 S.DANIEL RENJAN, S/O.D.SAMUEL, CHURCH ST., ANANDHANADAR KUDIRRUPPU, AGASTEESWARAM TK.

KK DIST.

2 S.DANIEL RAJAN, S/O.D.SAMUEL, CHURCH ST., ANANDHANADAR KUDIRRUPPU, AGASTEESWARAM TK.

KK DIST.

:Respondents/Respondents 2 & 3/Third parties/Legal heirs of Original Defendants PRAYER:- Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree of the II Additional Sub Court, Nagercoil, dated 17.03.2016 made in A.S.No.42 of 2014, preferred against the Judgment and Decree of the I Additional District Munsif Court, Nagercoil made in O.S.No.496 of 2008, dated 27.01.2014.

DECREE:- This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment 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.Meenakshisundaram, Advocate for the Appellant and of Mr.M.P.Senthil, Advocate for the respondent, this Court doth order and decree as follows:- (i)That the Judgment and Decree of the II Additional Sub Court, Nagercoil, dated 17.03.2016 made in A.S.No.42 of 2014, preferred against the Judgment and Decree of the I Additional District Munsif Court, Nagercoil made in O.S.No.496 of 2008, dated 27.01.2014 be and hereby are confirmed and this appeal is dismissed; (ii) That there be no costs in this Appeal.

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'A' Schedule of Property District : Kanyakumari, Registration District.. Rajakkamangalam Taluk : Agasteeswaram, Village.. Vembanoor, Area.. 6 cents New Sy.No.: 847/15 (Amended as per order in I.A. No.986/2009 dated 21.06.2010.

Description of property: 6 cents of land and part of the old house therein.

Boundaries: North.. Gladston Property, Sourt ..Street, East.. Daniel Property, West .. Daniel Family Property. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The II Additional Sub Court, Nagercoil 2.The I Additional District Munsif Court, Nagercoil 3.The Section Officer,VR Section(2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.D.NALLA THAMBI, Advocate ( SR-4104[F] dated 09/02/2021 ) +1 CC to Mr.M.P.SENTHIL, Advocate ( SR-4170[F] dated 10/02/2021 ) ORDER DATED : 09/02/2021 ========================== DECREE ========================== SA(MD) No.603 of 2016 Nature of Decree : Dismissing the Second Appeal preferred against the Judgment and Decree of the II Additional Sub Court, Nagercoil, dated 17.03.2016 made in A.S.No.42 of 2014, confirming the Judgment and Decree of the I Additional District Munsif Court, Nagercoil made in O.S.No.496 of 2008, dated 27.01.2014 etc., as stated within.

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