Kannammal vs Selvi Vinita @ Kavitha
2021 Latest Caselaw 13603 Mad

                                                                              S.A.No.78 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 08.07.2021
                                                        CORAM
                                     THE HON'BLE MR.JUSTICE C.SARAVANAN
                                                  S.A.No.78 of 2015
                                                and M.P.No.1 of 2015
                                            (Through Video Conferencing)

                     1. Kannammal
                     2. Ramaraj                                               .. Appellants

                                                            vs.
                     1.Selvi Vinita @ Kavitha
                     2.Kalpana
                     3.Thavamani
                     4. The Government of Tamilnadu,
                        Rep.by its District Collector,
                        Coimbatore.

                     5. The Thasildar
                        Taluk Office, Pollachi.                             .. Respondent

                               Prayer: This Second Appeal has been filed under Section 100 of
                     the Code of the Civil Procedure, against the judgment and decree dated
                     22.10.2013 made in A.S.No.27 of 2012 on the file of the Sub Court,
                     Pollachi, reversing the Judgment and decree dated 27.01.2010 made in
                     O.S.No.403 of 2008 on the file of the District Munsif Court, Pollachi.

                                        For Appellant     : M/s.C.Veeraraghavan

                                        For R1 to R3      : Mr.R.Nandhakumar



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                                                                                   S.A.No.78 of 2015

                                                      JUDGMENT

Heard the learned counsel for the appellant and the 1st to 3rd

respondents.

2. The 2nd appellant had originally filed O.S.No.521 of 1996. It

was originally decreed exparte on 03.12.2001 and thereafter exparte

decree was set aside and the said suit was renumbered as O.S.No.294 of

2015. The said suit was filed by the appellants against Palanisamy who

was married to the first appellant herein. After the suit was restored to

the files of the Court, the 1st to 3rd respondents herein filed O.S.No.403 of

2008 before the District Munsif cum Judicial Magistrate, Pollachi.

3. The said suit was filed for declaration that the 1st and 2nd

respondents are the legal heirs of the late.Palanisamy Gounder who died

on 10.03.1997. It is mentioned that O.SNo.294 of 2015 is still pending

before the Sub Court, Pollachi.

4. The issue as to whether the respondents 1 & 2 are the legal heirs

of late.Palanisamy Gounder or not and now stands concluded.

https://www.mhc.tn.gov.in/judis/

S.A.No.78 of 2015

Therefore, no substantial questions of law raises for consideration in this

appeal.

5. In view of the above, this Second Appeal stands dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

08.07.2021

Index : Yes/No Internet : Yes/No kkd To:

1. The Sub Court, Pollachi,

2.The District Munsif Court, Pollachi.

https://www.mhc.tn.gov.in/judis/

S.A.No.78 of 2015

C.SARAVANAN,J.

kkd

S.A.No.78 of 2015 and M.P.No.1 of 2015

08.07.2021

https://www.mhc.tn.gov.in/judis/