Madras High CourtSA(MD)/778/2022disposed of

K. Kalaivani v. S. Devarajan

2022-12-08Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of December Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1 K. Kalaivani 2 K. Harikrishnan 3 Kausihan 4 G. Dayalan 5 J. Rajammal 6 S. Dhanasekaran 7 R. Ramesh 8 R. Elangovan 9 R. Kannan R. Ravichandran (Died) R. Tamilselvan (Died) ... Appellants/Appellants 1 to 10/ Plaintiffs 1 to 10 Vs 1 S. Devarajan 2 R. Rathinam 3 R. Selvaraj 4 R. Vijayarani 5 R. Vijayaraghavan 6 R. Dinakaran 7 Santhi 1/4

8 R. Jeyagopi 9 N. Nachiappan 10 C. Sakthivel 11 The Joint Registrar II Virudhunagar.

12 The Tahsildar Virudhunagar.

13 Santhi 14 Minor Janavarthini Represented By The Court Guardian Sri.D.Murugan Advocate, Appointed As Court Guardian Court Complex, Collectorate Virudhunagar.

Respondents/Respondents/ Defendants (Since Respondents 1 to 8 and 13 remained ex-parte before the first appellate court, notice to them may kindly be dispensed with) Prayer :- Second Appeal filed under Section 100 of Civil Procedure Code, to allow this Second Appeal thereby setting aside the Decree and Judgment dated 03-02-2017 made in A.S. No. 27 of 2011 on the file of the Learned Subordinate Judge, Virudhunagar confirming the Decree and Judgment dated 18-01-2010 made in O.S. No. 271 of 2008 on the file of the Learned District Munsif, Virudhunagar and decree the suit as prayed for with costs through out and pass such other and or further orders as this Honourable Court may deem fit and proper in the circumstances of this case and thus render justice.

Decree:- This Second Appeal coming on for hearing under the provisions of Rule 11 of Order XLI of Schedule 1 of the Code of Civil Procedure 1908, upon perusing the Grounds of Appeal, the judgments and decrees of the lower Appellate Court and the Court of First Instance and the material papers in the suit and upon hearing the arguments of Mr. S.Parthasarathy, Advocate, for the appellants and of Mr.G.

2/4

i) That the Appellants herein/Plaintiffs be and hereby are granted liberty to work out their remedy in O.S.No.6/2015, which is pending before the learned Additional District Judge, Virudhunagar. ii) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // /03/2023 Sub Assistant Registrar(CS) Scheduled of Property attached vide seperate sheet TO

1. The Subordinate Judge, Virudhunagar

2. The District Munsif, Virudhunagar

3. The Additional District Judge, Virudhunagar. Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC TO MR.S.PARTHASARATHY, Advocate (SR-61383) +1 CC TO MR.G.MARIAPPAN, Advocate (SR-60660) 3/4

ORDER DATED : 08/12/2022 ======================= JUDGMENT+DECREE ======================== Disposing the SA(MD). No.778 of preferred against the Decree and Judgment dated 03-02-2017 made in A.S. No. 27 of 2011 on the file of the Learned Subordinate Judge, Virudhunagar confirming the Decree and Judgment dated 18-012010 made in O.S. No. 271 of 2008 on the file of the Learned District Munsif, Virudhunagar etc as stated within.

NA/21.03.2023/4P/8C 4/4