Devasayayam v. Subbammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Sixth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN AS(MD). No.204 of 2017 DEVASAHAYAM .. Appellant/Plaintiff Vs 1 SUBBAMMAL 2 VELMURUGAN 3 MARIAMMAL 4 AZHAGUVALLI .. Respondents/Defendants Prayer :- First Appeal filed under section 96 of Civil Procedure Code, 1908, r/w Order 41 Rule 1 of Civil Procedure Code, to set aside the judgment and decree dated 06.09.2017 made in O.S.No.100 of 2015 on the file of the 2nd Additional District Court, Thoothukudi. Decree:

This First Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal and the judgment and decree of the Lower Court and upon hearing the arguments of Mr. A Arumugam Advocate for the appellant and Mr.G. Prabhu Rajadurai, for the respondents No.1 and 2 and the respondents No.3 and 4 not appeared either in person or by an advocate, this Court doth order an decree as follows;

1. that the rights of the defendants will abide by the outcome of AS No.54 of 2019 pending on the file of the Sub Court Thoothukudi, if the said appeal is dismissed, then the suit property will be escheated to the Government, with this direction, the first Appeal is dismised;

2. That there be no costs in this Appeal;

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

TO

1. The II Additional District Judge, Thoothukudi,

2. The Sub Judge, Thoothukudi, Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-21437 dated 07/07/2021 ) +1 CC to M/s.G.PRABHU RAJA DURAI, Advocate ( SR-21663 dated 08/07/2021 ) ORDER DATED : 06/07/2021 ========================== DECREE ========================== AS(MD). No.204 of 2017 Dismissing this First Appeal with directions, RD(9.08.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/