Dismissed¶¶66

Lakshmanan, v. K. Subbammal (Died), 1. Guruvammal

Madras HC27 Mar 2025AS(MD)/136/2023

Case brief

AI extract

What is this about?

First appeal dismissed; trial court decree confirmed. Keywords: AS(MD) No. 136 of 2023; Appeal Suit under Order 41 Rule 1 r/w Section 96 CPC; confirmation of preliminary judgment and decree dated 09.03.2023; O.S. No. 101 of 2018; I Additional District Court, Tirunelveli; Madurai Bench of Madras High Court; decree dated 27.03.2025; no costs; defendants' appeal against trial court decree fails; decree copy without reasons; counsel — S. Srinivasaraghavan / D. Srinivasaraghavan (Appellants 1-2), J. Shakila (Appellants 3-5), T. Arul / R. Saravanan (Respondents 1-5).

What did the court decide?

Confirmation of the trial court's judgment and decree dated 09.03.2023 in O.S. No. 101 of 2018; Appeal Suit dismissed with no costs. ¶¶66

Lakshmanan, Vs K. Subbammal (Died), 1. Guruvammal — Madras HC (2025) — LawSathi Research

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

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( Civil Appellate Jurisdiction )

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Thursday, the Twenty Seventh day of March Two Thousand Twenty Five

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PRESENT

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The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND

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The HONOURABLE MR. JUSTICE M. JOTHIRAMAN

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AS(MD). No.136 of 2023

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1 Lakshmanan,

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S/o. Late. Madasamy, Door No. 38/1, Kakkan Nagar 3rd Street, Sankarankovil Town, Tirunelveli District - 627 756.

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2 Arumugam,

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S/o. Late. Madasamy, 14/31A, Gandhi Nagar East 5th Street, Sankarankovil Town, Tirunelveli District - 627 756. Sankaranarayanan (Died)

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3 Ruby,

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W/o. Late. Sankaranarayanan, 5/568-D, Periyur Road, N.G.O. Colony, Sankarankovil Town-627 756, Tenkasi District.

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4 Richardsingh,

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S/o. Late. Sankaranarayanan, 5/568-D, Peiryur Road, N.G.O. Colony, Sankarankovil Town-627 756, Tenkasi District.

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1/5

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https://www.mhc.tn.gov.in/judis

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5 Minor. Jagsingh,

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S/o. Late. Sankaranarayanan, (Minor Represented through his mother/ guardian,3^rd Appellant)

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... Appellants, Defendants 1 to 3 & 9 to 11

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1 K. Subbammal (Died),

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Guru

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2 Gurusamy,

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S/o. Late. Kotturan ,

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W/o.Petchiappan,

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3 Lakshmanan,

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S/o. late. Kotturan,

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4 Shanmugavel,

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S/o. Late. Kotturan,

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5 Samurthirakani, D/o. Late. Kotturan,

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6 Peruma, W/o. Ganapathy, D/o. Late. Madasamy Guruvammal(Died)

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7 Mallika, W/o. Vasanthraj,

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8 Velrajan, S/o. Veluchamy,

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9 Mangayarkarasi, W/o. Velrajan,

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2/5

¶37

https://www.mhc.tn.gov.in/judis

¶38

10 Muthuraj, S/o. Late. Thoondal Madasamy,

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11 Thangaraj, S/o. Late. Thoondal Madasamy,

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12 Ramalakshmi, D/o. Late. Thoondal Madasamy, 13 Annalakshmi, D/o. Late. Thoondal Madasmy,

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... Respondent(s)6 to 13/ Defendants 4 to 8,12,13.

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Prayer :-

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Appeal Suit filed under order 41 rule 1 R/W Section 96 of Civil Procedure Code to set aside the Preliminary Judgment and Decree dated 09.03.2023 passed in O.S. No. 101 of 2018 by the I Additional District Court, Tirunelveli Court.

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Decree:-

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This Appeal Suit having come up for hearing on Friday, the Twenty Eighth day of February Two Thousand and Twenty Five, upon perusing the grounds of Appeal, the judgment and decree of the Trial Court and the material papers in the Suit and upon hearing the arguments of Mr.S.SRINIVASARAGHAVAN FOR

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Mr. D.SRINIVASARAGHAVAN, Advoate for the Appellants 1 and 2; Mrs.J.Shakila, Advocate for the Appellants 3 to 5 and of Mr. T.ARUL FOR Mr.R.SARAVANAN, Advocate for the respondent Nos.1 to 5 and none appeared for Respondents 6,12 and 13, and having stood over for consideration till this day, this Court doth order and decree as follows;-

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3/5

¶48

https://www.mhc.tn.gov.in/judis

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(1) That the Judgment and Decree dated 09.03.2023 passed in O.S.No.101 of 2018 by the I Additional District Court, Tirunelveli, be and are hereby, confirmed and this

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Appeal, Suit is dismissed; and

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(2) That there be no costs in this Appeal.

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Sd/-

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Assistant Registrar C S I // True Copy //

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/04/2025 Sub Assistant Registrar (CS – I/ II / III /IV)

¶55

¶56

The I Additional District Court, Tirunelveli.

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COPY TO: THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 Copies)

¶58

+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-20723 dated 28/03/2025 )

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4/5

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https://www.mhc.tn.gov.in/judis

¶61

ORDER DATED : 27/03/2025

==================

DECREE

==================

AS(MD). No.136 of 2023

¶66

Nature of Decree:- Dismissing the Appeal suit preferred against the judgment and decree dated 09.03.2023 on the file of I Additional District Court, Tirunelveli made in O.S.No.101 of 2018.

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jj/23.04.2025 5P/5C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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5/5

¶70

https://www.mhc.tn.gov.in/judis

Lakshmanan, v. K. Subbammal (Died), 1. Guruvammal

Case brief

What is this about?

What did the court decide?

Lakshmanan, v. K. Subbammal (Died), 1. Guruvammal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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