AS(MD). No.8 of 2009

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

( Civil Appellate Jurisdiction )

Monday, the Twentieth day of March Two Thousand Twenty Three

PRESENT

The Hon`ble Mr.Justice N.SATHISH KUMAR

AS(MD). No.8 of 2009

1 SABIRA BEGUM

2 KURAISA BEGUM

3 SAHAR BANU

4 RABIYATH BASIRIA

5 SAIDANI BEGUM

6 SYED NIYAMATHULA

:Appellants//Plaintiffs

Vs

1 MOHAMMED ARIFF

2 ZAHIR HUSSAIN

3 ROJA @ SIRAJUNNISSA BEGUM

4 HASEENA BEGUM

5 SAHIRA BANU

6 ZUNAIDA BEGUM

7 G.MANICKAM, (DIED)

8 RADHAKRISHNAN

9 NEELAKANDAN,

:Respondents/Defendants 2 to 8 and

LRS of the Deceased 7^th Defendant

(Respondents 8 and 9 are brought on record as Legal representatives

of the deceased 7^th respondent vide Court order dated 20/08/2015 made

in M.P(MD)Nos.1 to 3 of 2010 in A.S(MD)No.8 of 2009, dated

20.08.2015)

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AS(MD). No.8 of 2009

PRAYER: Appeal suit filed under Section 96 of the Civil Procedure

Code, to set aside decree and judgment passed in O.S.No.111 of 2004

on the file of the Additional District Judge/Fast Tract Court No.1,

Thanjavur, dated.31.10.2007.

DECREE:-

This Appeal Suit having come up for final hearing on

this day, the Decree and Judgment of the Trial Court and the

material papers to the Appeal and upon hearing the arguments

of Mr.N.Tamilmani, for M/s.G.Innisai, Advocate for the Appellants

and the Respondents 1 to 6, 8 and 9 have not appeared either in

person or through Advocate, this Court while allowing the Appeal,

doth order and decree as follows:-

(1) That, the decree and judgment of Trial Corut, ie., the

Additional District Judge/Fast Track Court No.1, Thanjavur, made in

O.S.No.111 of 2004, dated.31.10.2007, dismissing the pertition suit

in respect of items BCDEFG and H except Item No.3 of 'D' Schedule of

properties be and hereby set aside and a preliminary decree is

passed dividing the items BCDEFG and H except Item No.3 of 'D'

Schedule of properties into two equal shares, allotting 50% of the

above said properties to the plaintiffs and

(2) that, there be no costs in this Appeal Suit.

Sd/-

Assistant Registrar (CS I)

// True Copy //

/04/2023

Sub Assistant Registrar(CS)

Encl: Xerox copy of Schedule of property.

To

1.The Additional District Judge,

Fast Track Court No.I,

Thanjavur.

2.The Record Keeper,

Vernacular Section,

Madurai Bench of Madras High Court,

Madurai.(2 COPIES)

+1 CC to M/s.G.INNISAI, Advocate ( SR-16552[F] dated 21/03/2023 )

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AS(MD). No.8 of 2009

ORDER DATED : 20/03/2023

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

DECREE

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

AS(MD). No.8 of 2009

Allowing the AS(MD).

No.8 of 2009 preferred

against judgment and

decree

passed

in

O.S.No.111 of 2004 on the

file of the Additional

District Judge cum Fast

Tract

Court

No.1,

Thanjavur,

dated.

31.10.2007

etc.,

as

stated Within.

SI/(24.04.2023) 3P/ 5C

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