Guruswami Gounder ... 3Rd ... vs Seeniammal
2021 Latest Caselaw 23326 Mad

                                                                                S.A.No.1794 of 2002


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 29.11.2021

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                                S.A.No.1794 of 2002


                     Guruswami Gounder                ... 3rd Defendant/ 3rd Respondent/ Appellant

                                                         -vs-
                     1. Seeniammal
                     2. Ramaswamy
                     3. Kandaswamy
                     4. Rajammal
                     5. Muthammal                 .... Plaintiffs/Appellants/Respondents

                     6. Marimuthu Gounder         .... 1st Defendant/ 1st Respondent/ Respondent
                     7. Nalliammal
                     8. Amsu
                     9. Kumar
                     10. Pandi                    ... Lrs of 4 to 8 -
                                                      2nd Defendant/Respondents/Respondents
                     11. Parameswari              ... 8th Defendant/8th Respondent/ Respondent

                        (Respondents 7 to 11 set exparte -
                        No notice necessary. Hence given up)


                     PRAYER : Second Appeal filed under Section 100 of C.P.C, against the
                     Decree and Judgment dated 17.01.2001, made in A.S.No.248 of 1994 on the


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                        S.A.No.1794 of 2002


                     file of the learned Principal District Judge, Dindigul, reversing the Decree
                     and Judgment dated 29.04.1994, made in O.S.No.477 of 1991 on the file of
                     the learned Principal Subordinate Judge, Dindigul.


                                     For Appellant        : Mr.G.Gomathi Sankar
                                     For Respondents      : Mr.R.Nandhakumar


                                                           JUDGMENT

The 3rd defendant in the suit is the appellant. The suit was filed by the

plaintiffs in O.S.No.477 of 1991, on the file of the learned Principal

Subordinate Judge, Dindigul for the relief of redemption of recovery of

possession. The trial Court has granted a decree of redemption but

dismissed the suit with regard to the other reliefs. The plaintiffs have filed a

First Appeal in A.S.No.248 of 1994, on the file of the learned Principal

District Court, Dindigul. The first appellate Court has allowed the appeal

and decreed the suit in its entirety. As against which, the present Second

Appeal has been filed by the 3rd defendant.

https://www.mhc.tn.gov.in/judis S.A.No.1794 of 2002

2. The third defendant / appellant in the Second Appeal is none other

than the tenant under the mortgage. According to the appellant, he delivered

the vacant possession to the mortgagee and therefore, nothing survives in

this appeal.

3. Recording the above submission, this Second Appeal is dismissed

as infructuous. No costs.

                                                                                       29 .11.2021

                     Index    : Yes / No
                     Internet : Yes / No

                     ebsi

                     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 Principal District Judge, Dindigul.

2. The Principal Subordinate Judge, Dindigul.

https://www.mhc.tn.gov.in/judis S.A.No.1794 of 2002

R.VIJAYAKUMAR,J.

ebsi

S.A.No.1794 of 2002

29.11.2021

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