The Madras High Court dismissed this second appeal filed under Order 41 Rule 22 CPC, affirming the lower appellate court decree confirming the original munsif court order in a civil suit regarding litigation over property in Nagercoil.
Judgment and decree of A.S. No.52 of 2004 confirmed and second appeal dismissed. No order as to costs.
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.618 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction)
Thursday, the First day of April, Two Thousand and Twenty One
PRESENT
The Honourable Mr.Justice R.SUBRAMANIAN
SA(MD). No.618 of 2005
Vs
... Respondents/Respondents/Plaintiffs 2 to 5
Prayer :-
Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and decree of the I Additional Subordinate Judge, Nagercoil, dated 19.11.2004 made in A.S. No.52 of 2004 confirming the Judgment and decree dated 23.07.2003 made in O.S. No.211 of 1996 on the file of the Principal District Munsif Court, Nagercoil.
DECREE:
This Second Appeal came up for final hearing on Monday, the 22nd day of March, Two Thousand and Twenty One, upon perusing the Memorandum of grounds of Appeal, Judgment and Decree of the Lower Appellate Court and the Court of First instance, upon perusing the material papers available to the Appeal, and upon hearing the arguments of Mr.C.Godwin, Advocate for the Appellants herein, and of Mr.H.Thayumanaswami for M/s D.Hari, Advocate for the Respondents herein, and having stood-over the matter for consideration till this date, this Court doth order and decree as follows:
1/3
SA(MD). No.618 of 2005
is dismissed; and
Schedule of Property District : Kanniyakumari Sub District : Nagercoil Taluk : Agasteeswaram Desom : Kottar Vadakadu Village : Nagercoil Kannar : Second (2) Lekkam : 2 Old Sy. No. : 1623 R.Survey No. : P.22/7 & 8 Extent : 7 3/8 cents Description of Property: Building No. N.M.C No.28/10/11 and site.
Boundaries:
East – Purayidam of Chockalingam Moopanar South – Ground of Manickavasagam Chettiar West – Road North – Ground of Kottar D.V.D Trust.
Sd/-
Assistant Registrar(CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS) TO
Copy to: The Section Officer,
V.R. Section, Madurai Bench of Madras High Court, Madurai(2 copies)
+2 CC to M/s C.Godwin, Advocate, Copy Application Sr. No.15099 dated 01.04.2021. +1 CC to M/s D.Hari, Advocate, Copy Application Sr. No.15206 dated 01.04.2021.
2/3
SA(MD). No.618 of 2005
ORDER DATED : 01/04/2021
==========================
DECREE
==========================
SA(MD). No.618 of 2005
Nature of Decree: Dismissing the Second Appeal preferred against the Judgment and decree dated 19.11.2004 made in A.S. No.52 of 2004 on the file of the I Additional Subordinate Court, Nagercoil, confirming the Judgment and decree dated 23.07.2003 made in O.S. No.211 of 1996 on the file of the Principal District Munsif Court, Nagercoil.
dks(CO) TR(20.07.2021) 3P 8C
3/3
Veeralakshmi @ Kasthuri or others
A.K. Chithambarathanu or others
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
