The Madras High Court ([CJ] P. Velmurugan J.) dismissed a civil appeal suit filed under Section 96 of CPC challenging a judgment dated 11.05.2007. The order was passed based on perusal of documents as respondents were absent.
Judgment and decree dated 11.05.2007 in O.S. No. 302 of 2004 are confirmed and the appeal suit is dismissed.
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.
AS(MD). No.152 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( CIVIL APPELLATE JURISDICTION ) THURSDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT
THE HON`BLE MR.JUSTICE P.VELMURUGAN AS(MD). NO.152 OF 2008
1.J.V.KOTHARI
2.A.KIRAN
3.A.MEGHA KOTHARI
4.A.PORAM KOTHARI
5.A.THRISHA KOTHARI ... Appellants/Defendants 2 and 7 to 11
(A5 IS DECLARED AS MAJOR AND THE 2ND APPELLANT DISCHARGED FROM THE GUARDIANSHIP VIDE COURT ORDER DT.13.02.2020 MADE IN CMP(MD). No.1572/2020)
6.V.SABITHA BEVI (DIED)
(MEMO PRESENTED IN COURT AND RECORDED AS 6TH APPELLANT DIED AND A1 WHO IS ALREADY ON RECORD AND RECORDED AS LRS OF DECEASED A6 VIDE COURT ORDER DT.04.02.2020)
Vs
1 DHATCHANAMOORTHY 2 VEDAMOORTHY 3 RAMAMOORTHY 4 GURUMOORTHY 5 SUNDARAMOORTHY 6 REGANBALAMOORTHY 7 THIRUMALAIMOORTHY ... Respondents 1 to 7/ Plaintiffs
8 PERIANNAN
9 K.P.M.S.RAJESH 10 MANOJ KUMAR
11 KAMALA DEVI ... Respondents 8 to 11/
Defendants 1 and 4 to 6
(Respondents 8 and 9 remained ex-parte in the suit)
Prayer:-
This Appeal Suit filed under Section 96 of C.P.C., against the judgment and decree dated 11.05.2007 made in O.S. No. 302 of 2004 on the file of the Additional District Judge, Fast Track Court No.II, Madurai.
DECREE:-
This Appeal Suit coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment and decree of the Lower https://hcservices.ecourts.gov.in/hcservices/
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AS(MD). No.152 of 2008
Court of First Instance and the material papers in the Suit and upon hearing the arguments of MR. M.RAJARAMAN, Advocate for the Appellant and the respondents are not appeared either in person or by an Advocate, this Court doth order and decree as follows:-
(1) That the judgment and decree dated 11.05.2007 made in O.S. No. 302 of 2004 on the file of the Additional District Judge, Fast Track Court No.II, Madurai be and hereby is confirmed and this Appeal Suit is dismissed.
Assistant Registrar (CS-III)
To
The Additional District Judge, Fast Track Court No.II, Madurai.
Copy to:
The Section Officer, V.R. Section,
Madurai Bench of Madras High Court, Madurai - 2 Copies
+1 CC to M/s.M. RAJARAMAN, Advocate ( SR-28148 dated 27/06/2022 )
ORDER DATED : 23/06/2022 ========================== DECREE ==========================
Nature of Decree:- Dismissing the Appeal Suit preferred against the judgment and decree dated 11.05.2007 made in O.S. No. 302 of 2004 on the file of the Additional District Judge, Fast Track Court No.II, Madurai and etc., as stated within.
SE(CO) GC(04.07.2022) 2P 5C
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1 provisions across 1 enactments
J.V.Kothari and Others
Dhatchanamoorthy and Others
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
