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Madras High CourtSA/1934/2001dismissed

V.Chinnapan (Died) v. V.Kulandaivelu

2022-09-29Honourable Mr Justice N. Seshasayee5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Fourth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice S.SOUNTHAR SA. No.1934 of 2001 and SA. No.1934 of 2001

1. V.Chinnapan (Died) ... Appellant / 1st Respondent / 1st Defendant

2. Kaliammal (Died)

3. Gunasundari ... Appellant / LR's of the 1st Appellant ( 2 and 3 Appellants are brought on record as LR's of the deceased sole appellant Vide Order dated 29.09.2021 made in C.M.P(MD).Nos.9501 to 9503 of 2016 in S.A.No.1934 of 2001) ( 2nd Appellant Died Vide affidavit filed in C.M.P(MD).No.10330 of 2021 in Cross Obj.(MD)No.8 of 2013) -Vs- 1 V.Kulandaivelu 2 V.Chockalingam 3 V.Ramasamy 4 A.Seerangan 5 Vaiyapuri Goundanoor Sri Amman Siruvivasayigal Sangam, Rep. by its President, No.53 Main Road, Uppidamangalam, Karur Taluk. 1/5

6 Krishnamma 7 Sivanandam 8 Prabanandan 9 Sachindanandam 10 Gandhimathi 11 Rajeswari 12 C.Ramalingam 13 C.Ashokan (Died) ... 2 to 13 Respondents/ 2 to 13 Respondent/ 2,3,5 to 14 Defendants V.Kulandaivelu ... Cross Objector / 1 Respondent / Appellant / Plaintiff -Vs-

1. V.Chinnapan (Died) 2 V.Chockalingam 3 V.Ramasamy 4 A.Seerangan 5 Vaiyapuri Goundanoor Sri Amman Siruvivasayigal Sangam, Rep. by its President, No.53 Main Road,Uppidamangalam, Karur Taluk. 6 Krishnamma 7 Sivanandam 8 Prabanandan 2/5

9 Sachindanandam 10 Gandhimathi 11 Rajeswari 12 C.Ramalingam 13 C.Ashokan (Died) 14 A.Sumathi 15 A.Sowthri 16 A.Kanishka 17 S.Gunasundari ... 2 to 13 Respondents / 2 to 13 Respondents / 2,3,5 to 14 Defendants ( 14 to 16 Respondents are brought on record as LR's of the deceased R13 Vide Order dated 29.09.2021 made in C.M.P.(MD) No,1912 of 2018 in Cross Obj.(MD)No.8 of 2013) ( 17 Respondent is brought on record as LR's of the 1st Respondent Vide Order dated 18.02.2022 made in C.M.P.(MD) No,10330 of 2021 in Cross Obj.(MD)No.8 of 2013) Prayer :- Second Appeal is filed under Section 100 of Civil Procedure Code and Cross Objection is filed Under Order 41 Rule 22 of C.P.C., against the Judgement and decree dated 13.12.2000 made in AS NO.229/1999 on the file of the Additional District Court-cum-Chief Judicial Magistrate, Karur, partially reversing the Judgement and decree dated 05.10.1999 made in OS No. 35/1993 on the file of the Sub Court, Karur.

ORDER:- This Second Appeal and Cross Objection coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and earlier order of this Court and letter Submitted by the Principal Subordinate Judge, Karur Vide his letter in D.No.1717/2024, dated 24.06.2024, requesting for 3/5

further period of Six Months to comply the direction given in SA. No.1934 of 2001 and Cross Obj.(MD)No.8 of 2013 pending on its file, this Court made the following order, Having been satisfied with the reasons assigned by the Principal Sub-Judge, Karur, in D.No.1717/2024, dated 24.06.2024, time is extended by six months from today to comply with the directions issued by this Court in the judgment and the decree passed in S.A.No.1934 of 2001 and Cross Obj.(MD) No.8 of 2013, dated 29.09.2022.

Sd/- Assistant Registrar(CS III) // True Copy // /08/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO

1. The Additional District Court-cum-Chief Judicial Magistrate, Karur.

2. The Principal Subordinate Judge, Karur.

3. The Subordinate Judge, Karur.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 4/5

ORDER DATED : 24/07/2024 ==========================

ORDER

========================== SA. No.1934 of 2001 and Giving direction and etc.

as stated within.

MK/01.08.2024 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5