Loganathan vs Gangabai
2023 Latest Caselaw 12815 Mad

                                                                                        S.A.No.770 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 20.09.2023

                                                            CORAM

                                  THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                       A.S.No.770 of 2018
                                                               ---

                     Loganathan                                                   ... Appellant
                                                               Versus
                     1.Gangabai
                     Renganayaki (deceased)
                     2.Rangabai
                     Kuppusamy (deceased)
                     3.P.K.Ravi
                     4.P.Bharathi                                                       ...
                     Respondents

                                  Second Appeal is filed under Section 100 of Civil Procedure Code,
                     praying to set aside the judgment and decree dated 06.02.2017 made in
                     A.S.No.6 of 2014 on the file of the Sub-Court, Arakonam, confirming the
                     judgment and decree dated 20.12.2006 made in O.S.No.482 of 1996 on the
                     file of the District Munsif Court, Arakonam.
                                       For Appellant           : No appearance
                                       For R1                  : Mr.N.Manoharan
                                       For R2                  : Batta Due
                                       For R3 & R4             : Mr.P.Krishnan

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                          S.A.No.770 of 2018



                                                            ORDER

This petition has been filed by the appellant to set aside the judgment

and decree dated 06.02.2017 made in A.S.No.6 of 2014 on the file of the

Sub-Court, Arakonam, confirming the judgment and decree dated

20.12.2006 made in O.S.No.482 of 1996 on the file of the District Munsif

Court, Arakonam.

2. Heard, Mr.N.Manoharan, learned counsel for the first

respondent, Mr.P.Krishnan, learned counsel appearing for the respondents 3

and 4. The name of the appellant also printed in the cause list but there is no

representation on the side of the appellant.

3. The learned counsel for the respondents 3 and 4 submitted that in

the above S.A.No.770 of 2018 filed by the 3rd defendant in suit against the

judgment and decree dated 06.02.2017 in A.S.No.6 of 2014 and the decree

dated 20.12.1996 passed in O.S.No.482 of 1996. The plaintiff filed final

decree application in I.A.No.209 of 2007 in O.S.No.482 of 1996 on the file

of the District Munsif Court, Arakkonam and the same was allowed on

https://www.mhc.tn.gov.in/judis S.A.No.770 of 2018

04.01.2011. Similarly, the defendants 2 & 4 to 6 filed E.P.Nos.8/2015 & 10

/2015 respectively to deliver the possession. Accordingly, Executing Court

handed over the possession to them on 12.01.2016 and the same was

recorded. Based on the final decree these defendants took possession of the

property through Executing Court, a memo has been filed to that effect

wants to record the same.

4. The memo filed by them is recorded. Similarly the plaintiff also

took possession of the property based on the final decree proceedings,

through Court below on 04.01.2011. The submissions made by the learned

counsel for the respondents 3 and 4 is also noted by this Court.

5. Accordingly, the Second appeal is dismissed. The memo filed by

the respondents 3 and 4 shall form part of the decree. No costs.

20.09.2023 rri

Index : Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No

https://www.mhc.tn.gov.in/judis S.A.No.770 of 2018

T.V.THAMILSELVI, J.

rri

To

1. The Sub-Court, Arakonam.

2. The District Munsif Court, Arakonam.

3. The Section Officer, VR-Section, High Court of Madras.

S.A.No.770 of 2018

20.09.2023

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