BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved 29/07/2024 Date of Pronounced 19/10/2024 CORAM The Hon'ble Mr.Justice G.ILANGOVAN SA(MD)No.421 of 2024

1.S.K.R.Balu @ Balasubramanian

2.Mr.Umamaheswari : Appellants/Appellants/

Plaintiffs Vs.

1.N.S.Sarathy

2.N.S.Jayakmar (Died)

3.J.Annapoorani : Respondents/Respondents/

Defendants PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 22/04/1999 made in AS No.4 of 1999 on the file of the Additional District Judge-cum-Chief Judicial Magistrate, Thanjavur against the judgment and decree dated 10/07/1997 made in OS No.45 of 1993 on the file of the Subordinate Judge, Kumbakonam.

For Appellants : Mr.V.Meenakshi Sundaram for Mr.S.Michael Heldon Kumar For 1st Respondent : Mr.K.Govindarajan For 2nd Respondent : D/W For 3rd Respondent : Mr.N.Vallinayagam

J U D G M E N T

This second appeal is filed against the judgment and decree dated 22/04/1999 passed in AS No.4 of 1999 by the Additional District Judge-cum-Chief Judicial Magistrate, Thanjavur, confirming the judgment and decree, dated 10/07/1997 made in OS No.45 of 1993 by the Subordinate Judge, Kumbakonam.

2.Plaint averments in