M.Masoothu, v. N.Hameethal Beevi (Died)

SA(MD). No.73 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Fourteenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA SA(MD).No.73 of 2017 M.Masoothu ... Appellant/Appellant/1st Defendant vs.

1.N.Hameethal Beevi(Died) ... Respondent/Respondent/Plaintiff 2.Ayisha Beevi ... Respondent/2nd Defendant 3.Sulthan Beevi 4.Kathijal Beevi 5.Rahmath 6.Mohamed Shak Ali ... Respondents (RR 3 to 6 are brought on record as Lrs of the deceased 1st Respondent vide Court order dated 07.07.2021 made in CMP(MD)No.4520 of 2021 in SA(MD)No.73 of 2017) Prayer:- Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Decree and Judgment of the Principal District Judge, Tirunelveli made in A.S.No.53 of 2014 dated 03/03/2015 confirming the Decree and Judgment of the Principal Subordinate Judge, Tenkasi made in O.S.No.172 of 2010 dated 29/04/2014. DECREE:- This Second Appeal came up final hearing on this day, upon perusing the memorandum of Grounds of Appeal, the Judgment and Decree of the Lower Court, upon perusing the material records of the case, and upon hearing the arguments of M/s.D.Sadiq Raja, Advocate for the Appeallant and of M/s.A.Hajamohideen Advocate for the Respondents, while dismissing this Second Appeal, doth order and decree as follows:

1.That the Judgment and Decree dated 03/03/2015 on the file of Principal District Judge, Tirunelveli made in A.S.No.53 of 2014 confirming the Judgment and Decree dated 29/04/2014 on the file of the Principal Subordinate Judge, Tenkasi made in O.S.No.172 of 2010 be and hereby is confirmed and the Second Appeal is dismissed. 2.That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.73 of 2017 TO 1.The Principal District Judge, Tirunelveli.

2.The Principal Subordinate Judge, Tenkasi.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 14/09/2021 ========================== DECREE ========================== SA(MD). No.73 of 2017 Nature of Decree:- Dismissing the Second Appeal preferred against the Judgment and Decree dated 03.03.2015 on the file of Principal District Judge, Tirunelveli made in A.S.No.53 of 2014, confirming the Judgment and Decree dated 29.04.2014 on the file of Principal Subordinate Court, Tenkasi made in O.S.No.172 of 2010, as stated within.

ES(CO) RS/PM (01.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2