R.Kamala v. R.R.Parthiban

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of April Two Thousand Twenty Five PRESENT:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN A.S(MD)No.32 of 2023 1 R.Kamala 2 J.Jeyanthi ... Appellants/1st & 2nd Defendants.

Vs 1 R.R.Parthiban ... 1st Respondent/Plaintiff.

2 M.Ananthi ... 2nd Respondent/3rd Defendant.

First Appeal filed under Section 96 of C.P.C., against the judgment and decree dated 30/09/2022 in O.S. No.50 of 2014 on the file of the 1st Additional District Court, Tuticorin.

DECREE:-This First Appeal coming on for hearing on Monday, the twenty first day of April two thousand and twenty five, upon perusing the grounds of Appeal, the judgment and decree of the Lower Court and the material papers in the Suit and upon hearing the arguments of Mr.S.PARTHASARATHY for 1/4

MR.V.MALAIYENDRAN, Advocate for the Appellants and of MR.S.MEENAKSHISUNDARAM, SENIOR COUNSEL for MR.KA.RAMAKRISHNAN, Advocate for the first respondent and of MR.K.KALEESWARAN, Advocate for the second respondent and having stood over for consideration till this date, this Court while allowing the appeal in part with modification in terms of the preliminary decree, doth order and decree as follows:- (1)that the suit third schedule properties are absolute properties of the second defendant/Jeyanthi and the plaintiff is be and hereby not entitled to claim any right or share over the suit third schedule properties and

(2) that in all other aspects, the Judgment and Decree dated 30/09/2022 in O.S. No.50 of 2014 is be and hereby confirmed;

(3)that there be no order as to costs in this Appeal Suit. Sd/- Assistant Registrar // True Copy // /06/2025 Sub Assistant Registrar ( I / II / III / IV) 2/4

TO The I Additional District Judge, Tuticorin.

Copy to: The Section Officer,V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.KA.RAAMAKRISHNAN, Advocate (SR-29068, dt. 30/04/2025) +1 CC to M/s.V.MALAIYENDRAN, Advocate (SR-29835, dt. 30/04/2025) Enclosure: schedule of properties 3/4

ORDER DATED : 29/04/2025 ========================== DECREE ========================== AS(MD No.32 of 2023 Allowing First Appeal in part preferred against the judgment and decree dated 30/09/2022 in O.S. No.50 of 2014 onthe file of the 1st Additional District Court, Tuticorin and etc., as stated within.

jj/04.06.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4