Madras High CourtCMSA(MD)/40/2017dismissed

Soosaimariyaee v. S. Johnson

2019-12-12Honourable Mr Justice R. Subramanian2 pages

CMSA(MD). No.40 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Twelfth day of December Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice R.SUBRAMANIAN SA(MD). No.127 of 2018 SOOSAIMARIYAEE, Rep.by her Power Agent J.Vasantha ... Defendant/Appellant/Appellant Vs S. JOHNSON ... 2nd Plaintiff/Respondent/Respondent Prayer:- Second Appeal is filed under Section 100 of Code of Civil Procedure, to set aside the judgment and decree dated 09.02.2018 made in A.S.No.31 of 2017 on the file of the Principal Subordinate Judge, Nagercoil confirming the judgment and decree dated 10.03.2017 made in O.S.No.469 of 1997 on the file of the learned Principal District Munsif, Nagercoil.

DECREE:- Second Appeal is coming on 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 MRS.A.L.GANDHIMATHI, Advocate for the Appellant and of Mr.G.PRABHU RAJADURAI, Advocate for Mr.M.P.SENTHIL, Advocate for the respondent, this Court while dismissed the Second Appeal, doth order and decree as follows:- 1 That the Judgment and Decree of both the Courts below be and hereby are confirmed and this appeal is dismissed. 2 That there be no order as to costs in this Second Appeal. Schedule of Property District : Kanniyakumari Taluk : Agasteeswaram Village : Vadasery Survey No.

: Old Survey No.2022,2023 Re-Survey No.A5/34 Extent : An area of about 80 cents having a lesser extent as per lie at the spot https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMSA(MD). No.40 of 2017 Boundaries :

North : Richard William and others properties East : Respondent's Property West : Respondent's Property South : Trivandrum - Nagercoil Road Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The Principal Subordinate Judge, Nagercoil. 2 The Principal District Munsif, Nagercoil.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai (+2 Copies) +1cc to Mr.M.P.Senthil, Advocate, SR No.104803 +1cc to M/s.AL.Ganthimathi, Advocate SR No.104780 ORDER DATED : 12/12/2019 ========================== DECREE ========================== SA(MD). No.127 of 2018 Nature of Decree:- Dismissing the Second Appeal to set aside the judgment and decree dated 09.02.2018 made in A.S.No.31 of 2017 on the file of the Principal Subordinate Judge, Nagercoil confirming the judgment and decree dated 10.03.2017 made in O.S.No.469 of 1997 on the file of the learned Principal District Munsif, Nagercoil etc., as stated within.

SDS(10.01.2020) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2