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2025 Supreme(Online)(Mad) 76365

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs.Justice T.V.THAMILSELVI
SN SHANMUGA SUNDARAM – Appellant
Versus
MUTHUSAMY CHETTIAR(died) – Respondent


IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

and

V.C.M.P.No. 11 of 2007

S.N.Shanmuga Sundaram ... Appellant

Vs.

1. Muthusamy Chettiar (died)

2. Deivanai Ammal (died)

3. Pechiammal (died)

(R2 and R3 died.

R2 and R3 set exparte in courts below

and appellant is LR of R2

Memo recorded vide order of court

dated 01.04.2022) 4. Dharmalingam

5. C.Manickam 6. A.Jothimani

7. M.Balasubramaniam

8. Gayathri 9. Dharani

10. Shivagowri

(R6 to R1 are brought on record as LRs. Of

deceased R1 vide court order dated 10.01.2024 made in C.M.P.No.3423

of 2023) .. Respondents

PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, praying to set aside the judgment and decree dated 30.09.2005 passed in A.S.No.100 of 2004 on the file of I Addl. Subordinate Judge, Coimbatore, confirming the judgment and decree dated 04.03.2004 passed in O.S.No.658 of 1997 on the file of III Addl. District Munsif Court, Coimbatore.

For Appellant : Mr.S.Doraisamy For Respondents : Mr. V.Anandamurthy for R1, R4, R5 and R6 to R10 R2 and R3 died

JUDGMENT

Challenging the concurrent finding of the courts below in A.S.No.100 of 2004 on the file of I Addl. Subordinate Judge, Co

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