Madras High Court
S.Thulasiram vs N.Lakshmiammal on 19 January, 2022
S.A.Nos.969 & 970 of 2003
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
S.A.Nos.969 & 970 of 2003
and
C.M.P.Nos.8756 & 8759 of 2003
S.A.No.969 of 2003
1.S.Thulasiram
2.S.Lakshmanan
3.S.Mohan
4.S.Sakthivel ... Appellants/
Respondents 2 to 5/
Lrs of Defendant
Vs.
1.N.Lakshmiammal
2.N.Santhanakrishnan
3.N.Ramakrishnan
4.N.Balakrishnan
5.N.Meenakshisundaram
6.N.Kalyanasundaram ... Respondents/
Appellants 2 to 7/
Plaintiffs 2 to 7
PRAYER: Second Appeal filed under Section 100 of the Civil
Procedure Code, against the judgment and decree, dated 27.03.2002 in
A.S.No.97 of 1999 on the file of the III Additional Sub Court, Madurai,
reversing the decree and judgment, dated 25.09.1998 in O.S.No.1722 of
1985 on the file of the Additional District Munsif's Court, Madurai.
1/5
https://www.mhc.tn.gov.in/judis
S.A.Nos.969 & 970 of 2003
S.A.No.970 of 2003
1.S.Thulasiram
2.S.Lakshmanan
3.S.Mohan
4.S.Sakthivel ... Appellants/
Respondents 2 to 5/
Lrs of Defendant
Vs.
1.N.Lakshmiammal
2.N.Santhanakrishnan
3.N.Ramakrishnan
4.N.Balakrishnan
5.N.Meenakshisundaram
6.N.Kalyanasundaram ... Respondents/
Appellants 2 to 7/
Plaintiffs 2 to 7
PRAYER: Second Appeal filed under Section 100 of the Civil
Procedure Code, against the judgment and decree, dated 27.03.2002 in
A.S.No.97 of 1999 on the file of the III Additional Sub Court, Madurai,
reversing the decree and judgment, dated 25.09.1998 in O.S.No.176 of
1996 on the file of the Additional District Munsif's Court, Madurai.
In Both the S.As
For Appellants : Mr.R.Subramanian
For Respondents : Mr.P.Kumaran
for R2
2/5
https://www.mhc.tn.gov.in/judis
S.A.Nos.969 & 970 of 2003
JUDGMENT
S.A.Nos.969 and 970 of 2003 have been filed by the defendants.
The suit in O.S.No.1722 of 1985 was filed for the prayer for permanent
injunction and mandatory injunction. The suit was dismissed. However
on appeal, the suit was decreed by the First Appellate Court.
2. Then, O.S.No.176 of 1996 has been filed for relief of
declaration of title over a wall and for permanent injunction. The suit
was also dismissed by the trial Court. But on appeal, the suit was
decreed. As against both the judgments, the present second appeal have
been filed. Pending both these second appeals, third appellant as well as
respondents 1 and 2 have been passed away.
3. The learned Counsel for the appellants submits that the
appellants are not responding to implead the legal heirs of the deceased
third appellant as well as respondents 1 and 2. Hence, both these second
appeals stands dismissed as abated. No costs. Consequently, connected
Miscellaneous Petitions are closed.
19.01.2022
https://www.mhc.tn.gov.in/judis
S.A.Nos.969 & 970 of 2003
Index : Yes / No
Internet : Yes / No
btr
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 Additional Sub Court III,
Madurai.
2.The Additional District Munsif's Court,
Madurai.
3.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
S.A.Nos.969 & 970 of 2003
R.VIJAYAKUMAR ,J.
btr
Order made in
S.A.Nos.969 & 970 of 2003
Dated:
19.01.2022
https://www.mhc.tn.gov.in/judis
