Ramu vs Guruvammanl
2023 Latest Caselaw 718 Mad

                                                                              S.A.No.1429 of 2000



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 12.01.2023

                                                   CORAM

                                   THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                              S.A.No.1429 of 2000

                     1.Ramu
                     2.Lakshmanan
                     3.Manicka Thevar
                     4.Karuppayee Ammal
                     5.Gandhi
                     6.Karmegam                             ... Appellants/Appellants/
                                                                Plaintiffs 1 to 4, 6 & 7

                                                      Vs
                     1.Guruvammanl
                     2.Nagammal
                     3.Mari Konar
                     4.Vellaichami Thevar
                     5.Subbiah Thevar
                     6.Ramayee Ammal
                     7.Panchavarnam
                     8.Rakkammal
                     9.Packia Thevar
                     10.Muniyandi Thevar
                     11.Vairamani
                     12.Thondeeswari
                     13.Kathiresan
                     14.Vadivelu
                     15.Karuppiah                           ... Respondents/Respondents/
                                                                Defendants 2 to 16
                     _________
                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                        S.A.No.1429 of 2000




                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside
                     the judgment and decree dated 31.01.2000 made in A.S.No.134 of 1998 on
                     the file of the Principal District Court, Ramanathapuram and judgment and
                     decree dated 21.10.1998 made in O.S.No.15 of 1995 on the file of the
                     District Munsif cum Judicial Magistrate's Court, Thiruvadanai.

                                        For Appellants    :     No appearance

                                        For RR3, 13 & 14 :      Mr.B.Sivakumar

                                        For R9            :     Mr.R.Sundar

                                  RR1, 2, 4 to 8, 10 to 12 & 15 : Dismissed vide order dated 05.04.2011


                                                         JUDGMENT

There is no representation for the appellants. It is seen from the

records that the second appeal is arising out of a suit for partition. The

second appeal was already dismissed as against respondents 1, 2, 4 to 8, 10

to 12 and 15 on 05.04.2011. It appears that respondents 1 to 9, 13 and 14

are sharers. When the second appeal was dismissed as against some of the

sharers, the whole second appeal has to be dismissed, as the judgment and

decree passed by the lower appellate Court had attained finality as against

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https://www.mhc.tn.gov.in/judis S.A.No.1429 of 2000

some of the sharers by virtue of the orders passed on 05.04.2011. Hence,

this Second Appeal is dismissed. However, there shall be no order as to

costs.

12.01.2023 NCC : Yes/No Index:Yes/No Internet:Yes

abr

To

1.The Principal District Judge, Ramanathapuram.

2.The District Munsif cum Judicial Magistrate, Thiruvadanai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis S.A.No.1429 of 2000

S.SOUNTHAR, J.

abr

S.A.No.1429 of 2000

12.01.2023

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