Allowed

Malar, W/O.Asokan, v. Pasupathy(Died)

Madras HC9 Nov 2021SA(MD)/34/2011

Case brief

AI extract

What is this about?

In this second appeal under Section 100 of the CPC, the Madurai Bench allowed the appeal, setting aside the Additional Subordinate Court's judgment and restoring the decree dated 20/01/2020 passed by the First Additional District Munsif.

What did the court decide?

Set down the judgment and decree of the Additional Subordinate Court; restored the judgment and decree dated 20/01/2020; no costs.

Malar, W/O.Asokan, Vs Pasupathy(Died) — Civil Procedure and Limitation | Madras HC (2021)

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SA(MD)No.34 of 2011

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

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The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN SA(MD)No.34 of 2011

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MALAR ... Appellant/Respondent/Plaintiff.

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1 PASUPATHY(DIED) ...1^st Respondent/Appellant/Defendant.

2 VAITHIYANATHAN

3 RAMALINGAM

4 JAYARAMAN

5 IYA @ VENUGOPALAN

...Respondents 2 to 5/

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(RR 2 TO 5 ARE BROUGHT ON RECORD AS LRs, OF DECEASED SOLE RESPONDENT VIDE ORDER 03/12/2013 IN MP(MD)2 TO 4/2011)

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Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 12/07/2010 made in Appeal Suit No.20 of 2010 on the file of the Additional Subordinate Court, Kumbakonam, reversing the judgment and decree dated 20/01/2020 in Original Suit No.412 of 2005 on the file of the First Additional District Munsif, Kumbakonam.

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DECREE:- This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment 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.A.ARUMUGAM FOR M/S.AJMAL ASSOCIATES, Advocate for the Appellant and of MR.G.GOMATHISANKAR, Advocate for the Respondent Nos.2 to 5 and the first respondent set as died, this Court while allowing this appeal,doth order and decree as follows:-

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(1) That the Judgment and Decree passed in Appeal Suit No.20 of 2010 on the file of the Additional Subordinate Court, Kumbakonam, is set aside and the judgment and decree dated 20/01/2020 in Original Suit No.412 of 2005 on the file of the First Additional District Munsif, Kumbakonam, be and hereby is restored and

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(2) That there be no costs in this second Appeal.

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https://hcservices.ecourts.gov.in/hcservices/

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1/2

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SA(MD)No.34 of 2011

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Assistant Registrar (CS-I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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1.The Additional Subordinate Court, Kumbakonam.

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2.The First Additional District Munsif, Kumbakonam.

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Copy to:

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The Record Keeper,V.R. Section, Madurai Bench of Madras High Court, Madurai(2 Copies)

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+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-34038 dated 10/11/2021 )

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+1 CC to M/s.G.GOMATHISANKAR, Advocate ( SR-33833 dated 09/11/2021 )

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ORDER DATED : 09/11/2021 ========================== DECREE ========================== SA(MD) No.34 of 2011 Allowing the Second Appeal preferred against the Judgment and Decree in Appeal Suit No.20 of 2010 on the file of the Additional Subordinate Court, Kumbakonam, reversing the judgment and decree dated 20/01/2020 in Original Suit No.412 of 2005 on the file of the First Additional District Munsif, Kumbakonam, etc., as stated within.

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RK(21/12/2021) 2P 7C

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https://hcservices.ecourts.gov.in/hcservices/

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Malar, W/O.Asokan, v. Pasupathy(Died)

Case brief

What is this about?

What did the court decide?

Malar, W/O.Asokan, v. Pasupathy(Died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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