Thirunavukkarasu vs Gowri (Died) - 2024 Supreme(Mad) 1957

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1957

R. SAKTHIVEL
Thirunavukkarasu – Appellant
Versus
Gowri (Died) – Respondent

Advocates Appeared:
For the Appellants : Mr. R. Munuswamy
For the Respondents: Mr. S.Vijay Anand.

JUDGMENT :

(R. Sakthivel, J.)

(PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated February 21, 2019 passed by the learned Subordinate Judge, Ponneri in A.S.No.6 of 2012, confirming the Judgment and Decree dated February 17, 2011 passed by the learned District Munsif, Ponneri in O.S.No.340 of 2004, and consequently dismiss the Suit in O.S.No.340 of 2004.)

This Second Appeal is preferred by the unsuccessful defendants assailing the Judgment and Decree dated February 21, 2019 passed in A.S.No.06 of 2012 by the 'Subordinate Judge, Ponneri' [henceforth 'First Appellate Court'], whereby the Judgment and Decree dated February 17, 2011 passed in O.S.No.340 of 2004 by the ‘District Munsif Court, Ponneri' [henceforth 'Trial Court'] was confirmed.

2. To be noted, during pendency of the Appeal Suit before the First Appellate Court, the sole plaintiff – Elumalai died and hence, the Respondent Nos.2 to 6 in the Appeal Suit [Respondent Nos.1 to 5 herein] were brought on record as his legal representatives. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Sui