Madras High Court
P.Subramania Pillai vs Arulmighu Mutharamman And on 12 June, 2023
SA.No.162 of 2001
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
SA.No.162 of 2001 &
C.M.P.No.1686 of 2001
1.P.Subramania Pillai
2.M.Kumaraswamy Pillai
3.P.Madevan Pillai
4.A.Krishna Pillai
5.Sundaram Pillai @ Mohandass Sundaram (died)
...Appellants
(Appellant No.5 deceased. It is a suit for representative capacity, there is
no need for impleading the LRs of Appellant No.5, vide order dated
12.02.2013 in S.A.No.162 of 2001. Memo present in Court dated
12.02.2013 is recorded.)
vs.
1.Arulmighu Mutharamman and
Kannivinayagar Koil Trust,
Represented by its Trustees,
Krishnanpudur.
2.S.Sivaganam Pillai (died)
3.E.Arunachalam Pillai (died)
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SA.No.162 of 2001
4.C.Subramania Pillai (died)
5.The Commissioner,
HR & CE Department,
Nungambakkam High Road,
Chennai
6.The Assistant Commissioner,
HR & CE Department,
Mettu Street,
Vadiveesvaram Village,
Agastheeswaram Tk,
K.K.District.
7.P.Padmanabha Pillai (died)
8.S.Chidambara Kuttralam Pillai (died)
9.M.Padmanabha Pillai (died)
10.K.Murugesan
11.S.Murugavel Pillai
12.P.Lakshmanan
13.S.Arumugam
... Respondents
(Memo dated 28.03.2022 is recorded as the respondents 2, 3, 7 and 8
died, vide Court order dated 05.01.2023 in S.A.No.162 of 2001)
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SA.No.162 of 2001
(Memo dated 27.07.2012 in USR.No.2413 is recorded as the respondents
4 and 9 died, and there is no necessity to bring their LRs on record vide
Court order dated 01.08.2012 in S.A.No.162 of 2001)
(Respondents 10 to 13 are impleaded vide Court order dated 25.04.2022
in C.M.P (MD)No.3461 of 2022 in S.A.No.162 of 2001)
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure to set aside the Judgment and Decree dated 21.03.2000 in
A.S.No.108 of 1996 on the file of the Additional Subordinate Court,
Nagercoil confirming the Judgment and Decree dated 28.03.1996 in
O.S.No.985 of 1990 on the file of the Principal District Munsif Court,
Nagercoil.
For Appellants 1 to 4 : Mr.Vallinayagam,
Senior Counsel
For Respondents : Mr.A.Kannan,
Additional Government Pleader
for R5
JUDGMENT
The appellants are the defendants 6 to 10 in the suit in O.S.No.985
of 1990 on the file of the Principal District Munsif Court, Nagercoil.
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SA.No.162 of 2001
2. The Trial Court dismissed the suit on 28.03.1996 and the same
was confirmed by the I Appellate Court vide Judgment and Decree dated
21.03.2000. Challenging the said Judgment and Decree, the appellants /
defendants 6 to 10 have filed the present Second Appeal.
3. The learned counsel appearing for the appellants fairly conceded
that as far as substantial questions of law framed by this Court on
11.04.2016 are concerned, there is no quarrel with the decision rendered
by both the Courts below. However, he seeks liberty to file a fresh suit to
workout the appellants' remedy in the manner known to law.
4. The learned counsel appearing for the fifth respondent has no
objection for the same.
5. In view of the above submissions, there arises no necessity for
answering the substantial questions of law. Therefore, the Second
Appeal is dismissed. However, the appellants are permitted to file a
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SA.No.162 of 2001
fresh suit, if so advised and workout their remedy in the manner known
to law. No costs. Consequently, the connected Miscellaneous Petition is
closed.
12.06.2023
NCC:Yes/No
Index:Yes/No
Speaking/Non-speaking order
mbi
To
1.The Additional Subordinate Court,
Nagercoil
2.The Principal District Munsif Court,
Nagercoil.
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SA.No.162 of 2001
P.VELMURUGAN, J.
mbi
SA.No.162 of 2001
12.06.2023
https://www.mhc.tn.gov.in/judis
