SA(MD). No.649 of 2012

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Tuesday, the Twenty Fourth day of August Two Thousand Twenty One

PRESENT

The Hon`ble Mr.Justice G.R.SWAMINATHAN

SA(MD). No.649 of 2012

1. Mariammal

2. Padmadevi

3. Kaliammal (Died)

4. Kombiah (Died)

5. Shanmugam

6. Muthulakshmi

7. Santha

8. Subulakshmi

9. Vasuki

10. Baby

11. Babu

12. Vani

13. Karuppasamy

14. Karpagam

15. Poologapandian

16. Sankareswari

17. Selvaraj(Died)

..

Appellants 1 to 17/Respondents/

Plaintiffs

18. Pechimuthu

19. Marimuthu

(Appellants 18 and 19 are Brought On Record as LRs of the

deceased 3^rd Appellant vide Court Order dated 13.08.2021 in CMP(MD)

Nos.6142, 6143, 6144 & 6145 to 6152 of 2021)

20. Karpagavalli

21. Thangamariammal

22. Pechiammal

23. Thirumurugan

..

Appellants 18 to 23

(Appellants 20 to 23 are Brought On Record as LRs of the

deceased 4^th Appellant vide Court Order dated 13.08.2021 in CMP(MD)

Nos.6142, 6143, 6144 & 6145 to 6152 of 2021)

Vs. -

1. Muthukumara Thevar(Died)

2. Chellathai

3. Guruvulakshmi

..

Respondents 1 to 3/

Appellants/Defendants

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SA(MD). No.649 of 2012

4. Muthumari Thevar

5. Malayandi

6. Mani

..

Respondents 4 to 6/

Respondents 22 to 24/Defendants

7. Saraswathi

8. Duraipandian

9. Subulakshmi

10. Alagusundari

11. Gomathi

12. Gurusamy

13. Selvaraj

(Respondents 7 to 13 are brought

on record as LRs of the deceased

1^st Respondent vide oder dated 13.08.2021

in CMP(MD) Nos.6142, 6143, 6144 &

6145 to 6152 of 2021)

14. Subulakshmi

15. Suresh

16. Selvalakshmi

..

Respondents 7 to 16

(Respondents 14 to 16 are brought

on record as LRs of the deceased

17^th Appellant vide oder dated 13.08.2021

in CMP(MD) Nos.6142, 6143, 6144 &

6145 to 6152 of 2021)

Prayer:-

Second Appeal filed under Section 100 of C.P.C., against

the judgment and decree of the learned Principal District Judge,

Tuticorin dated 18.01.2012 made in Appeal Suit No.21 of 2010 and

reversing the Judgment and decree passed in O.S. No.45 of 2008 dated

30.06.2010 on the file of the learned Subordinate Judge, Kovilpatti

DECREE:-

This Second Appeal coming on for hearing on this date,

upon perusing the grounds of Appeal, the judgments and decrees of

the Lower Appellate Court and the Court of First Instance and the

material papers in the Suit and upon hearing the arguments of

MR.PON.SENTHIL KUMARAN, Advocate for the Appellants and of

MR.M.THIRUNAVUKKARASU Advocate for the Respondents 2, 3 and 13 and

no appearance for Respondents 4 to 12 and 14 to 16 either in person

or through advocate, this Court doth order and decree as follows:-

(i) that the Judgment and Decree of the Principal

District Judge, Tuticorin, dated 18.01.2012 made in Appeal

Suit No.21 of 2010 be and hereby are set aside and the

Second Appeal is allowed;

(ii) that the the Judgment and decree of the

Subordinate Judge, Kovilpatti dated 30.06.2010 made in in

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SA(MD). No.649 of 2012

O.S. No.45 of 2008 be and hereby are restored; and

(iii) That there be no costs in this Appeal.

Sd/-

Assistant Registrar (CO)

// True Copy //

/ /2021

Sub Assistant Registrar(CS)

To

1. The Principal District Judge, Tuticorin

2. The Subordinate Judge, Kovilpatti

Copy to:

The Section Officer (Records) V.R. Section,

Madurai Bench - 2 Copies

+1 CC to M/s.S.PONSENTHILKUMARAN Advocate (SR-27329 dated

25/08/2021)

+1 CC to M/s.M.THIRUNAVUKKARASU Advocate (SR-27351 dated 26/08/2021)

ORDER DATED : 24/08/2021

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DECREE

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SA(MD). No.649 of 2012

Nature of Decree:-

Allowing the Second A