Second appeal concerning a partition decree already dismissed against the contesting respondent in 2019; the court dismissed the remaining appeal against non-contesting respondents as no purpose would be served.
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.268 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.268 of 2011 and M.P(MD) No.1 of 2011
1.Vellachamy Thevar 2.Muthusamy ...Appellants -Vs1.Jeganathan 2.Periathai 3.Parvathiammal 4.Gurusamy Pandian 5.Minor Karthick 6.Minor Ilayaraja (Minors 5th & 6th respondents represented through their paternal grandfather 4th respondent) 7.V.Marimuthu 8.Velladurai ... Respondents 1/4
PRAYER
S.A(MD)No.268 of 2011
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the decree and judgment dated 11.03.2010 in A.S.No.62 of 2005 on the file of Subordinate Judge, Sankarankovil, confirming the judgment and decree dated 23.07.2003 in O.S.No.386 of 1998 on the file of the Principal District Munsif cum Judicial Magistrate, Sivagiri.
For Appellants : Mr.F.X.Eugene
For Respondents : No appearance
JUDGMENT
It is seen from the records that by order dated 27.08.2019, the second
appeal was dismissed against the respondents 1, 2, 4 to 6 and 8. The contesting respondent is the first respondent/second plaintiff. He obtained a preliminary decree for partition of his half share and the same has been confirmed by the first appellate Court.
2.In view of the dismissal of the second appeal against the contesting first respondent as early as 27.08.2019, no purpose will be served by keeping the
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S.A(MD)No.268 of 2011
second appeal pending against the remaining respondents, namely respondents 3 and 7. Hence, the Second Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
29.04.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No cp
To
1.The Subordinate Judge, Sankarankovil. 2.The Principal District Munsif cum Judicial Magistrate, Sivagiri. 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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S.A(MD)No.268 of 2011
S.SOUNTHAR, J.
cp
S.A(MD)No.268 of 2011
29.04.2024
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1 provisions across 1 enactments
Vellachamy Thevar
Muthusamy
Jeganathan
Periathai
Parvathiammal
Gurusamy Pandian
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
