Gomathinayagam vs Vetrivel Nathan
2021 Latest Caselaw 14570 Mad

                                                                          A.S.(MD)No.303 of 2008


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 20.07.2021

                                                  CORAM

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            A.S.(MD)No.303 of 2008
                                                    and
                                             M.P.(MD)No.2 of 2008

                1.Gomathinayagam
                2.A.Santhanalakshmi
                3.K.S.Subramanian                                    ... Appellants
                                                     Vs.

                1.Vetrivel Nathan
                2.S.Azhwar Janaki (Died)
                3.The Assistant Engineer,
                  TNEB (Urban),
                  Vannarpettai,
                  Tirunelveli – 3.
                4.G.A.Venugopal
                5.Sajee Manikandan
                6.Sayee Selvandrakumar                               ... Respondents
                (R4 to R6 are brought on record as LRs of the
                deceased second respondent vide order dated
                24.01.2018 made in C.M.P.(MD)Nos.178 to
                180 of 2017 in A.S.(MD)No.303 of 2008 by
                SSSRJ)

                Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code, against
                the judgment and decree dated 28.12.2007 passed in O.S.No.50 of 2004 on the
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                1/4
                                                                                 A.S.(MD)No.303 of 2008


                file of the learned Fast Track Court No.II (Additional District Judge),
                Tirunelveli.


                                   For Appellants   : Mr.RM.Sivakumar
                                   For Respondents : Mr.S.Yasar Arafath for R1
                                                     Mr.M.Mohan Babu for R3
                                                     Mr.S.Meenakhsi Sundaram,Senior Counsel
                                                         For Mr.J.Alaguram Jothi for R4 to R6


                                                    JUDGEMENT

Heard the learned counsel on either side.

2.This appeal arises out of the partition suit proceedings. The first

respondent herein namely., Vetrivel Nathan filed a suit in O.S.No.50 of 2004

before the learned Additional District Judge, Fast Track Court No.II,

Tirunelveli, seeking the relief of partition. By the impugned judgment and

decree dated 28.12.2007, the trial Court had granted preliminary decree

allotting appropriate shares to all the parties. Questioning the same, this appeal

came to be filed.

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A.S.(MD)No.303 of 2008

3.When the matter was taken up for hearing, the learned counsel for the

appellants submitted that they do not have grievance regarding the preliminary

decree passed by the trial Court.

4.In view of the same nothing survives for further adjudication in this

appeal suit. The appeal suit stands dismissed accordingly. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                                    20.07.2021
                Index              : Yes / No
                Internet           : Yes/ No
                ias

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Additional District Court, Fast Track Court No.II, Tirunelveli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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A.S.(MD)No.303 of 2008

G.R.SWAMINATHAN, J.

ias

A.S.(MD)No.303 of 2008

20.07.2021

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