N.Gandhi Meenal v. B.Indurani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Thursday, the Twenty Ninth day of May Two Thousand Twenty Five PRESENT The HONOURABLE MR.JUSTICE G.ILANGOVAN SA Nos.1549 of 2000 & 827 of 2002 SA No.1549 of 2000 1.N.Gandhi Meenal 2.Nataraja Thevar 3.G.Dhanalakshmi (Died) 4.T.Sathyamoorthy 5.T.Pandian (Died) :Appellants/Appellants 1, 3 to 6/D1,D6,D11,D13 & D8 6.Gurusamy 7.Muthumari : Appellants 6 and 7/ LR.s of the deceased A3 (Appellants 6 and 7 are brought on record as LR.s of the deceased 3rd appellant, vide court order, dated 23/01/2023 made in CMP(MD) Nos.2342, 2344 and 2345 of 2021 in SA No.1549 of 2000) 8.Rajalakshmi 9.Murugaboopathy : Appellants 8 and 9/ LRs. of the deceased A5 (Appellants 8 and 9 are brought on record as LR.s of the deceased 5th Appellant, vide court order, dated 23/01/2023 made in CMP(MD) Nos.2342, 2344 and 2345 of 2021 in SA No.1549 of 2000) 1/10
..Vs..
1.B.Indurani 2.Ukkirapandian (Minor) 3.Muthurathinam 4.Nagajothi (Minor) 5.Deivarani (Minor) 6.Manikandan (Minor) 7.Vasuki(Minor) 8.Indurani (Minor) (Minors 2,4 to 8 represented by their guardian, next friend 1st respondent) 9.E.V.Naganathan (Died) 10.Ponnusamy Thevar (Died) 11.A.Sivagnanam 12.Mayilvasagam (Died) 13.Ponnuchami alias Ukkirapandi Thevar 14.Kasinathadurai 15.Poomalai 16.Sankara Iyer : Respondents 1 to 16/ Respondents/ Plaintiffs 1 to 8 and Defendants 2,3,4,7,9,10, 12 and 14 17.Logamatha 18.Jothi Muthuramalingam 19.Vellaichamy Thevar 20.Krishnamoorthy : Respondents 17 to 20/ LR.s of the R9 (R17 to R20 brought on LR.s of the deceased R9, vide court order, dated 10/11/2017 made in MP(MD)Nos.1 to 3/2011) 21.Uthamaraman 22.Poomalai 2/10
23.Nagu 24.Velliammal : Respondents 21 to 24/ LR.s of R10 (R21 to R24 are brought on record as LR.s of deceased R10, vide court order, dated 03/02/2020 made in MP(MD) Nos.4 to 6 of 2011 in SA No.1549 of 2000) 25.Suriya Prakasam 26.Kottai Eswaran Prakasam 27.Jothi Muthuramalingam 28.T.Gandhimathi 29.T.Kowsalya 30.T.Indhumathi 31.T.Gokula Priya (Minor) : Respondents 25 to 31 (31st Respondent is minor represented by her mother and natural guardian 28th respondent) (Respondents 25 to 31 are impleaded, Vide court order, dated 02/08/2023 made in CMP(MD)No.1085 of 2022 in SA No.1549 of 2000) PRAYER:Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 22/06/2000 and made in AS No.155 of 1996 on the file of the Additional District Court, Ramanathapuram, confirming the judgment and decree, dated 25/03/1996 in OS No.82 of 1993 on the file of the Sub Court, Ramanathapuram.
SA No.827 of 2002:
1.E.V.Naganathan (Died) : 1st Appellant/ Appellant/2nd Defendant 2.Lokamatha 3/10
3.Jothi Muthu Ramalingam 4.Krishnamoorthy : Appellants 2 to 4/ LR.s of the deceased sole Appellant (Appellants 2 to 4 are brought on record as LR.s of the deceased sole appellant, vide Court order, dated 23/01/2023 made in CMP(MD) Nos.2504, 2505 and 2507 of 2020 in SA No.827 of 2002) ..Vs..
1.P.Indrani 2.Ukkirapandiyan 3.N.Muthurathinam 4.Nagajothi 5.Deivarani 6.Manikandan 7.Vasuki 8.N.Indurai : Respondents 1 to 8/ Respondents 1 to 8/ Plaintiffs 9.Gandhi Meenal : 9th Respondent/R9/ 1st Defendant 10.P.Ponnuchamy Thevar (Died) 11.A.Sivagnanam 12.Murugesan 13.Nataraja Thevar 14.Mayilvasagan (Died) 15.T.Pandi (Died) 16.Ponnusamy @ Ukkirapandi Thevar 17.R.Kasinathadurai 18.Dhana Lakshmi (Died) 19.Poomalai 20.Sathya Murthy 21.Sankara Iyer : Respondents 10 to 21/ Respondents 10 to 21/ 4/10
Defendants 3 to 14 22.Uthamaraman 23.Poomalai 24.Nagu 25.Vellaimmal :Respondents 22 to 25/ (Respondents 22 to 25 are brought LR.s of the deceased on record as LR.s of the deceased 10th Respondent 10th respondent, vide court order, dated 23/01/2023 made in CMP(MD) Nos.2677 to 2679 of 2020 in SA No.827 of 2002) 26.Suriya Prakasam 27.Dhana Chandra Prakasam (Died) 28.Kottai Eswara Prakasam 29.Jothi Muthuramalingam : Respondents 26 to 29/ LR.s of the deceased 14th Respondent (R26 to 29 are brought on record as LR.s of the deceased 14th respondent, vide court order, dated 23/01/2023 made in CMP(MD) Nos.3351, 3353 and 3354 of 2020 in SA No.827 of 2002) 30.Rajalakshmi 31.Murugaboopathy : Respondents 30 and 31/ LR.s of the deceased 15th Respondent (Respondents 30 and 31 are brought on record as LR.s of the deceased 15th respondent, vide court order, dated 30/06/2023 made in CMP(MD) Nos.1851, 1854, 1856, 1858, 1860 and 1861 of 2023 in SA No.827 of 2002) 32.Gurusamy 33.Muthumari : Respondents 32 and 33/ LR.s of the deceased 18th Respondent (Respondents 32 and 33 are brought on 5/10
record as LR.s of the deceased 18th respondent, vide Court order, dated 30/06/2023 made in CMP(MD)Nos.1851, 1854, 1856, 1858, 1860 and 1861 of 2023 in SA No.827 of 2002) 34.Gandhimathi 35.Kowsalya 36.Indhumathi 37.Minor.Gokila Priya : Respondents 34 to 37/ LR.s of the deceased 27th Respondent (37th respondent is minor represented by her mother and natural guardian 34th Respondent herein) (Respondents 34 to 37 are brought on record as LR.s of the deceased 27th respondent, vide court order, dated 02/08/2023 made in CMP(MD) Nos.1863 to 1865 of 2023 in SA No.827 of 2002) PRAYER:Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree made in AS No.154 of 1997 on the file of the Additional District Judge cum Chief Judicial Magistrate Court, Ramanathapuram, dated 22/06/2000 which confirms the judgment and decree made in OS No.82 of 1993 on the file of the Sub Court, Ramanathapuram, dated 25/03/1996.
DECREE :
These Second Appeals coming upon for orders on Friday the Fourth day of April Two Thousand Twenty Five day and upon perusing the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers 6/10
in the Suit and upon hearing the arguments of Mr.S.Subbiah, Senior Counsel for M/s. J.Anandhavalli Advocate for Appellants in SA.No.1549 of 2000 and for Respondents No.9 and 20 in SA.No.827 of 2002; Mr.T.N.Rajagopalan for Mr.S.Vellaichamy, Advocate for Respondent No.1 in SA.1549 of 2000 and for Respondents No.1,3 to 8 in SA.No.827 of 2002; Mr.M.P.Senthil, Advocate for Respondent No.11 in SA.No.1549 of 2000 and Mr.R.Babu Jegannath, Advocate for Respondent No.22 in SA.No.827 of 2002; Mr.Natarajan, Senior Counsel for M/s.Vijayakumari Natarajan, Advocate for Respondents No.17 to 20 in SA.No.1549 of 2000 and for Appellant in SA.No.827 of 2002 ; Mr.V.R.Shanmuganathan, Advocate for Respondents No.25 to 31 in SA.No.1549 of 2000 and for Respondents No.26, 28 and 29 for SA.No.827 of 2002 , none having appeared for the Respondents No.21 to 24 in SA.
1549 of 2000 and for Respondents NO.30 to 37 in Sa.No.827 of 2002 either in person or through Counsel, this Court having stood over the matter for consideration till date, doth order and decree as follows : i) that the judgment and decree, dated 22/06/2000 and made in AS Nos.155 of 1996 and 154 of 1997 on the file of the Additional District Court cum Chief Judicial Magistrate Court, cum Chief Judicial Magistrate Court, Ramanathapuram, confirming the judgment and decree, dated 25/03/1996 in OS No.82 of 1993 on the file of the Sub Court, Ramanathapuram be and hereby are confirmed.
ii) that these Second Appeals be and hereby are dismissed. iii) that the Appellants herein/Defendants be and hereby are directed to pay sum of Rs.9519.50/- (Rupees Nine Thousand Five hundred and nineteen and Fifty paise only) being the cost incurred by the plaintiffs in the Original Suit and further Rs.10/- (Rupees Ten only (vakalath)) being the cost of Second Appeal to the Respondents/Plaintiffs.
Memorandum of costs (Respondents/Plaintiffs Cost ) O.S. Cost (as per decree) - Rs.9519.50 S.A Cost (cost memo not filed) - 10.00 Sd/- Assistant Registrar C S II // True Copy // /06/2025 Sub Assistant Registrar ( I / II / III / IV) 8/10
TO
1. The Additional District Judge Cum Chief Judicial Magistrate, Ramanathapuram.
2. The Sub Judge, Ramanathapuram.
Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai +2 CCs to M/s.J.ANANDHAVALLI, Advocate, SR.Nos.31242 and 31276 +5 CCs to M/s.S.VELLAICHAMY, Advocate, SR.No.31275 +2 CCs to M/s.VIJAYAKUMARI NATARAJAN, Advocate , SR.Nos.31282 and 31283 9/10
ORDER DATED : 29/05/2025 ========================== DECREE ========================== SA Nos.1549 of 2000 & 827 of 2002 Dismissing the Second Appeals judgment and decree, dated 22/06/2000 and made in AS No.155 of 1996 and 154 of 1997 on the file of the Additional District Court, Ramanathapuram, confirming the judgment and decree, dated 25/03/1996 in OS No.82 of 1993 on the file of the Sub Court, Ramanathapuram, etc., as stated within., jj/10.06.2025 10P/14C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 10/10