Madras High Court
Parijatham Ammal vs Kalyana Devadasan on 23 November, 2021
S.A.No.1790 of 2002
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
S.A.No.1790 of 2002
1.Parijatham Ammal
2. Rajammal ... Cross Appellants/ 2nd and 3rd Respondents/
Cross Objectors 1 & 2/ 2nd& 3rd defendants
-vs-
1. Kalyana Devadasan .... Respondent No.1/ Respondent No.1
Respondent No.1/ Plaintiff
2. Shanmugavel Nadar ... Respondent No.2/Appellant/
2nd Respondent/ 1st Defendant
PRAYER : Second Appeal filed under Section 100 of C.P.C, against the
judgment and decree dated 12.07.2002, in appeal and cross appeal in
A.S.No.12 of 1999 on the file of the Sub-Court, Ambasamudram,
confirming the judgment and decree dated 21.12.1998 made in O.S.No.535
of 1992, on the file of the Additional District Munsif Court,
Ambasamudram.
1/5
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S.A.No.1790 of 2002
For Appellants : No Appearance
For R1 : Mr.A.Arumugam
JUDGMENT
The first respondent/ plaintiff in the present Second Appeal had filed
a Suit in O.S.No. 535 of 1992 before the Additional District Munsif Court,
Ambasamudram for the relief of specific performance. The suit was decreed
as prayed for.
2. All the three defendants have jointly preferred first appeal in
A.S.No.12/1999. The second respondent/first defendant has filed A.S. No.
12 of 1999 and the appellants / second and third defendants has filed Cross
Appeal No.12 of 1999 before the Sub – Court, Ambasamudram. Both the
appeals and cross appeal filed by the defendants were dismissed by the first
appellate Court. As against the same, the second respondent/first defendant
had filed Second Appeal in S.A.No.1525 of 2002 and the said second appeal
was dismissed as on merits 08.11.2016.
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S.A.No.1790 of 2002
3. The present Second Appeal has been filed by the second and third
defendants in the suit, challenging the decree for specific performance.
4. Since the learned counsel for the appellants reported that “no
instructions”, notice was sent to the parties, though their names also printed
in the cause-list, there is no appearance on behalf of the appellants. The
decree for specific performance before the trial Court is passed as against
the second and third defendants. The appeal filed by the first defendant
already been dismissed on merits on 8.11.2016.
5. Therefore, nothing survives in the present Second Appeal. Hence,
this Second Appeal is dismissed. No costs.
23.11.2021
Index : Yes / No
Internet : Yes / No
ebsi
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S.A.No.1790 of 2002
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
1. The Sub-Court, Ambasamudram.
2. The Additional District Munsif Court,
Ambasamudram.
https://www.mhc.tn.gov.in/judis
S.A.No.1790 of 2002
R.VIJAYAKUMAR,J.
ebsi
S.A.No.1790 of 2002
23.11.2021
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