BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved 01/04/2025 Date of Pronounced 13/05/2025 CORAM The Hon'ble Mr.Justice G.ILANGOVAN SA No.1165 of 1998 Duraisamy Gounder : Appellant/Respondent/

Plaintiff Vs.

Muthusamy (Died)

represented by their heirs

1.Jayam

2.M.Baskar

3.M.Sumathi

4.M.Jeeva

5.M.Shanthi : Respondents/Appellants/

Defendants PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree passed by the District Judge, Trichirapalli, in AS No.123 of 1996, dated 24/12/1997 allowing the appeal and dismissing the decree and judgment passed by the Subordinate Judge of Tiruchirapalli, in OS No.748 of

1989, dated 19/03/1996.

For Appellant : Mr.P.Thiagarajan for Mr.C.Gobinath For Respondents : Mr.S.Kumar for Mr.R.Gowrishankar

J U D G M E N T

This second appeal is preferred against the judgment and decree passed by the District Judge, Trichirapalli, in AS No.123 of 1996, dated 24/12/1997 allowing the appeal and dismissing the decree and judgment passed by the Subordinate Judge, Tiruchirapalli, in OS No.748 of

1989, dated 19/03/1996.

2.The plaint averments:-

(i)The second defendant, who is now dead is the father of the plaintiff. The p