This second appeal under Section 100 CPC was filed challenging orders from lower courts regarding a suit. The High Court, after hearing arguments, dismissed the appeal and confirmed the judgments and decrees of the courts below without assigning detailed reasons for the decision.
Second appeal dismissed; judgment and decree of lower courts confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SA(MD). No.546 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Sixteenth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.546 of 2010
S. MOOKKANDI ASARI,
S/O. S.S. SUBRAMANIA ASARI NO.36/5 THATTAR, WEST STREET SATHANKULAM TOWN PANCHAYAT, SATHANKULAM TALUK THOOTHUKUDI DTISTRICT ... Appellant / Appellant / Plaintiff
Vs
1 M. MUTHUKUMAR ASARI, S/O. MANTHIRAM ASARI, NO.25/55, MAIN ROAD,, SATHANKULAM TOWN PANCHAYAT, SATHANKULAM, TALUK, THOOTHUKUDI DISTRICT..
2 S. KULANTHAIVEL ASARI, S/O. S. SUDALAIYANDI ASARI, NO.144, PERIA, STREET, TIRUNELVELI TOWN, TIRUNELVELI..
3 P.VEERAPADRAN ASARI, S/O. V. PITCHAIKARA ASARI, NO.41/17,, CHETTIAR MIDDLE STREET, SATHANKULAM TOWN, PANCHAYAT, SATHANKULAM TALUK..
4 P. SUBBIAH ASARI, S/O. T. PONNAIAH ASARI, WEST SIDE OF, SATHANKULAM KRISHNAN KOVIL, SUBRAMANIAN, ASARI VILAI, SATHANKULAM TOWN PANCHAYAT,, SATHANKULAM TALUK..
5 P.MANTHIRAM ASARI, S/O. T. PONNAIAH ASARI, WEST SIDE OF, SATHANKULAM KRISHNAN KOVIL, SUBRAMANIAN, ASARI VILAI, SATHANKULAM TOWN PANCHAYAT,, SATHANKULAM TALUK ... Respondents/Respondents/Defendants
Prayer:-
Second Appeal filed under Section 100 of C.P.C., against the judgment and decree passed in A.S. No.191 of 2005 on the file of the Subordinate Judge, Thoothukudi dated 10.12.2009 confirming the Judgment and Decree passed in O.S. No.14 of 2004 on the file of the District Munsif, Sathankulam dated 29.10.2004.
DECREE:-
This Second Appeal coming on for hearing on this date, upon https://hcservices.ecourts.gov.in/hcservices/ perusing the grounds of Appeal, the judgments and decrees of the
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SA(MD). No.546 of 2010
Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of Mr.M.P.SENTHIL, Advocate for the Appellant and of Mr.R.NARMATHAN, Advocate for the respondents, this Court doth order and decree as follows:-
(1) That the Judgment and Decree of both the Courts below be and hereby are confirmed and this appeal is dismissed.
(2) That there be no costs in this Appeal.
Sd/-
Assistant Registrar(AD-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
To 1) The Subordinate Judge, Thoothukudi. 2) The District Munsif, Sathankulam.
Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.R.NARMATHAN, Advocate ( SR-16448 dated 19/04/2021 ) +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-16377 dated 19/04/2021 )
ORDER DATED : 16/04/2021 ========================== D E C R E E ========================== SA(MD). No.546 of 2010
Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the passed in A.S. No.191 of 2005 on the file of the Subordinate Judge, Thoothukudi dated 10.12.2009 confirming the Judgment and Decree passed in O.S. No.14 of 2004 on the file of the District Munsif, Sathankulam dated 29.10.2004 and etc., as stated within.
es(CO) TR(07.06.2021) 2P 7C
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S. Mookkandi Asari
M. Muthukumar Asari
S. Kulanthuivel Asari
P. Veerapadrane Asari
P. Subbiah Asari
P. Manthiram Asari
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
