Madras High CourtSA(MD)/183/2013allowed

Natarajan, (Died) v. Shanmugavel

2018-11-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, The Twenty Third day of November, Two Thousand and Eighteen present THE HONOURABLE MR.JUSTICE S.S.SUNDAR Second Appeal(MD)No.183 of 2013 1.Natarajan (Died) 2.Vellappandi 3.Velammal 4.Velliammal : Appellants 1 to 5/Appellants/Plaintiffs 5.Murugan 6.Rajammal 7.Lakshmi 8.Balamurugan 9.Mari 10.Sangili Poothathammal 11.Madasamy :Appellants Nos.6 to 11 (Appellants 6 to 11 were brought on record as legal heirs of the deceased first appellant, vide order dated 28.03.2014 in M.P(MD) Nos.3 to 4 of 2013) -Vs1.Shanmugavel 2.Meena Raja 3.Gandhi 4.Raj : Respondents/Respondents/Defendants This Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree of the Court of the Subordinate Judge, Ambasamudram dated 29.06.2012 made in A.S.No.21 of 2010 confirming the Judgment and Decree of the Court of the District Munsif, Cheranmahadevi dated 18.01.2010 made in O.S.No.17 of 2005.

ORDER: This Second Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the Judgment and Decree of the Lower Appellate Court and the Court of First Instance, the material papers available to the suit and upon hearing the arguments of Mr.F.X.Eugene, Advocate for the Appellants, Mr.N.Ga.Nataraj, Advocate for the first Respondent, Mr.P.Santhakrishnan, Advocate for the third Respondent, and of Mr.D.Saravanan, Advocate for the Fourth Respondent and the Second Respondent herein not appearing either in person of through Advocate, this Court while allowing the Appeal, doth order and decree as follows:

1.That the Judgment and decree dated 29.06.2012 passed in A.S No.21 of 2010 on the file of the Subordianate Court, Ambasamudram and the Judgment and decree dated 18.01.2010 passed O.S.No.17 of 2005 on the file of the District Munsif Court, Cheranmahadevi be and hereby are set aside and the Second Appeal is remitted back to the District Munsif Court, Cheranmahadevi;

2.That the Parties to the Proceedings shall appear before the Trial Court on 20.12.2018 and the Trial Court be and hereby is https://hcservices.ecourts.gov.in/hcservices/

directed to dispose of the suit within a period of Six months from the date of receipt of a copy of this judgment, in the light of the observations and directions contained in the judgment; 3.And that there be no costs in this Second Appeal. (*)Schedule of Property is attached vide Separate Sheet Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Subordinate Judge, Ambasamudram.

2.The District Munsif, Cheranmahadevi.

Copy to:

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.N.GA.NATRAJ, Advocate, SR.No. 96909 +1cc to Mr.F.X.Eugene, Advocate, SR.No.96875 DATED:23.11.2018 DECREE Second Appeal(MD)No.183 of 2013 NATURE OF THE DECREE:

Allowing the Appeal preferred against the Judgment and Decree dated 29.06.2012 in A.S.No.21 of 2010 on the file of the Subordianate Court, Ambasamudram confirming the Judgment and Decree dated 18.01.2010 in O.S.No.17/2005 on the file of the District Munsif Court, Chranmahadevi.

CMR KK/RSK/SAR-2/11.12.2018/4P-7C https://hcservices.ecourts.gov.in/hcservices/