Second appeal filed under Section 100 CPC against decrees in family suit confirmed by lower courts. The Madras High Court dismissed the appeal, confirming the decrees of the Subordinate Court and District Munsif Court.
Second appeal was dismissed and lower decrees were 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.
S.A(MD)No.12 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, Fourth day of March Two Thousand Twenty Two PRESENT
THE HONOURABLE MRS.JUSTICE R.THARANI
S.A(MD)No.12 of 2017
P.Ramanathan
... Appellant/Appellant/ Plaintiff
Vs
1.Backiyam(died) 2.Alageshwari 3.Sundaram 4.Murugan 5.Vennila 6.Vadivel
... Respondents/Respondents/ defendants
(Respondents Nos.4 to 6 are brought on record as legal representatives of the deceased first respondent vide Court order dated 24.09.2021)
PRAYER :-
This Second Appeal is filed under Section 100 of Civil Procedure Code against the decree and judgment in A.S.No.42 of 2011 passed by the Subordinate Court, Pudukottai, Pudukottai District dated 11.10.2013 confirming the decree and judgment in O.S.No.152 of 2007 passed by the District Munsif Court, Aranthangi dated 25.02.2011.
DECREE:-
This Second Appeal coming on for hearing on Friday, the Eighteenth day of February Two Thousand Twenty Two and upon perusing the Grounds of Appeal and the judgments and decrees of the Lower Appellate court and the court of First Instance and the materials papers in the suit and upon hearing the arguments of M/s.A.Haja Mohideen, Advocate for the Appellant, Mr.K.Vamanan, Advocate for Respondents No.2 to 6, while dismissing the appeal this Court doth order and decree as follows:
i)That the decree and judgment in A.S.No.42 of 2011 passed by the Subordinate Court, Pudukottai, Pudukottai District dated 11.10.2013 confirming the decree and judgment in O.S.No.152 of 2007 passed by the District Munsif Court, Aranthangi dated 25.02.2011, be and hereby are confirmed.
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S.A(MD)No.12 of 2017
ii)That this Second Appeal is dismissed.
iii)That there be no costs in this Second Appeal.
Sd/-
Assistant Registrar (CS.II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
To
1.The Subordinate Judge, Pudukottai, Pudukottai District.
2.The District Munsif, Aranthangi.
3.The Record Clerk, Vernacular Section,
Madurai Bench of Madras High Court, Madurai. (2 Copies)
+1 cc to Mr.K.VAMANAN, Advocate, SR.No.10246
Reserved on :18/02/2022 Pronounced on:04/03/2022
========================== DECREE + JUDGMENT ==========================
SA(MD).12 of 2017
Nature of Decree : Dismissing the Second Appeal preferred against the decree and judgment in A.S.No.42 of 2011 passed by the Subordinate Court, Pudukottai, Pudukottai District dated 11.10.2013 confirming the decree and judgment in O.S.No.152 of 2007 passed by the District Munsif Court, Aranthangi dated 25.02.2011, ect., as stated therein.,
SA(21.03.2022) 2P 6C
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P. Ramanathan
1. Backiyam (died) / 2. Alageshwari / 3. Sundaram / 4. Murugan / 5. Vennila / 6. Vadivel
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
