John Mohanraj vs Kamalam
2022 Latest Caselaw 3340 Mad

                                                                         S.A.(MD)No.424 of 2010

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 22.02.2022

                                                  CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           S.A.(MD)No.424 of 2010


                   1.John Mohanraj
                   2.Valsaar
                   3.Therasammal
                                                                          ... Appellants /
                                                                              Appellants /
                                                                              Defendants 1 to 3

                                                  -Vs-


                   Kamalam                                                ... Respondent /
                                                                              Respondent /
                                                                              Plaintiff

                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                   Code, against the judgment and decree dated 30.06.2009 passed by the
                   learned I Additional Subordinate Judge, Nagercoil at Padmanabhapuram in
                   A.S.No.89 of 2007 in confirming the judgment and decree of the Principal
                   District Munsif, Padmanabhapuram, dated 31.07.2007 in O.S.No.277 of
                   2005.


                                     For Appellants      : Mr.S.Ramesh
                                     For Respondent      : Mr.V.M.Bala Mohan Thampi



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                                                                           S.A.(MD)No.424 of 2010



                                                     JUDGMENT

The defendants in O.S.No.277 of 2005 on the file of the Principal

District Munsif Court, Padmanabapuram are the appellants in this Second

Appeal.

2. The respondent herein, namely, Kamalam, filed the said suit

seeking permanent injunction restraining the appellants from dispossessing

her except in accordance with law. The suit was decreed. Questioning the

same, the appellants filed an appeal before the I Additional Sub Court,

Nagerkoil. A.S.No.89 of 2007 filed by the appellant was also dismissed.

Challenging the same, this Second Appeal came to be filed. Due to

pendency of the second appeal, Kamalam had passed away on 15.07.2018.

Memo has been filed to this effect. The respondent is said to have died

intestate and issueless.

3. The learned counsel appearing for the respondent is also not in a

position to get instructions.

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

S.A.(MD)No.424 of 2010

4. In these circumstances, the second appeal is disposed by holding

that the impugned decree cannot be enforced against the appellants and the

benefit of the impugned decree also will not enure in favour of any third

party.

22.02.2022

Internet : Yes/No Index : Yes/No mga

To

1.The I Additional Subordinate Judge, Padmanabhapuram, Nagercoil.

2.The Principal District Munsif, Padmanabhapuram.

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

S.A.(MD)No.424 of 2010

G.R.SWAMINATHAN.J.,

mga

Judgment made in S.A.(MD)No.424 of 2010

22.02.2022

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