High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction)Thursday, the Twenty Ninth day of May Two Thousand Twenty FivePRESENT The HONOURABLE MR.JUSTICE G.ILANGOVANSA Nos.1549 of 2000 & 827 of 2002SA No.1549 of 20001.N.Gandhi Meenal2.Nataraja Thevar3.G.Dhanalakshmi (Died)4.T.Sathyamoorthy5.T.Pandian (Died) :Appellants/Appellants 1, 3 to 6/D1,D6,D11,D13 & D86.Gurusamy7.Muthumari : Appellants 6 and 7/ LR.s of the deceased A3 (Appellants 6 and 7 are brought on record as LR.s of the deceased 3rd appellant, vide court order, dated 23/01/2023 made in CMP(MD) Nos.2342, 2344 and 2345 of 2021 in SA No.1549 of 2000)8.Rajalakshmi9.Murugaboopathy : Appellants 8 and 9/ LRs. of the deceased A5 (Appellants 8 and 9 are brought on record as LR.s of the deceased 5th Appellant, vide court order, dated 23/01/2023 made in CMP(MD) Nos.2342, 2344 and 2345 of 2021 in SA No.1549 of 2000)1/10 https://www.mhc.tn.gov.in/judis ..Vs..1.B.Indurani2.Ukkirapandian (Minor)3.Muthurathinam4.Nagajothi (Minor)5.Deivarani (Minor)6.Manikandan (Minor)7.Vasuki(Minor)8.Indurani (Minor) (Minors 2,4 to 8 represented by their guardian, next friend 1st respondent)9.E.V.Naganathan (Died)10.Ponnusamy Thevar (Died)11.A.Sivagnanam12.Mayilvasagam (Died)13.Ponnuchami alias Ukkirapandi Thevar14.Kasinathadurai15.Poomalai16.Sankara Iyer : Respondents 1 to 16/ Respondents/ Plaintiffs 1 to 8 and Defendants 2,3,4,7,9,10, 12 and 14 17.Logamatha18.Jothi Muthuramalingam19.Vellaichamy Thevar20.Krishnamoorthy : Respondents 17 to 20/ LR.s of the R9 (R17 to R20 brought on LR.s of the deceased R9, vide court order, dated 10/11/2017 made in MP(MD)Nos.1 to 3/2011)21.Uthamaraman22.Poomalai2/10 https://www.mhc.tn.gov.in/judis

23.Nagu24.Velliammal : Respondents 21 to 24/ LR.s of R10 (R21 to R24 are brought on record as LR.s of deceased R10, vide court order, dated 03/02/2020 made in MP(MD) Nos.4 to 6 of 2011 in SA No.1549 of 2000)25.Suriya Prakasam26.Kottai Eswaran Prakasam27.Jothi Muthuramalingam28.T.Gandhimathi29.T.Kowsalya30.T.Indhumathi31.T.Gokula Priya (Minor) : Respondents 25 to 31 (31st Respondent is minor represented by her mother and natural guardian 28th respondent) (Respondents 25 to 31 are impleaded, Vide court order, dated 02/08/2023 made in CMP(MD)No.1085 of 2022 in SA No.1549 of 2000)PRAYER:Second Appeal is filed under Section 100 of the Civil ProcedureCode, against the judgment and decree, dated 22/06/2000 and made in AS No.155of 1996 on the file of the Additional District Court, Ramanathapuram, confirmingthe judgment and decree, dated 25/03/1996 in OS No.82 of 1993 on the file of theSub Court, Ramanathapuram.SA No.827 of 2002:1.E.V.Naganathan (Died) : 1st Appellant/ Appellant/2nd Defendant2.Lokamatha3/10 https://www.mhc.tn.gov.in/judis

3.Jothi Muthu Ramalingam4.Krishnamoorthy : Appellants 2 to 4/ LR.s of the deceased sole Appellant (Appellants 2 to 4 are brought on record as LR.s of the deceased sole appellant, vide Court order, dated 23/01/2023 made in CMP(MD) Nos.2504, 2505 and 2507 of 2020 in SA No.827 of 2002)..Vs..1.P.Indrani2.Ukkirapandiyan3.N.Muthurathinam 4.Nagajothi5.Deivarani6.Manikandan7.Vasuki8.N.Indurai : Respondents 1 to 8/ Respondents 1 to 8/ Plaintiffs9.Gandhi Meenal : 9th Respondent/R9/ 1st Defendant 10.P.Ponnuchamy Thevar (Died)11.A.Sivagnanam12.Murugesan13.Nataraja Thevar 14.Mayilvasagan (Died)15.T.Pandi (Died)16.Ponnusamy @ Ukkirapandi Thevar17.R.Kasinathadurai 18.Dhana Lakshmi (Died)19.Poomalai20.Sathya Murthy21.Sankara Iyer : Respondents 10 to 21/ Respondents 10 to 21/4/10 https://www.mhc.tn.gov.in/judis Defendants 3 to 14 22.Uthamaraman23.Poomalai24.Nagu25.Vellaimmal :Respondents 22 to 25/ (Respondents 22 to 25 are brought LR.s of the deceased on record as LR.s of the deceased 10th Respondent 10th respondent, vide court order, dated 23/01/2023 made in CMP(MD) Nos.2677 to 2679 of 2020 in SA No.827 of 2002)26.Suriya Prakasam27.Dhana Chandra Prakasam (Died)28.Kottai Eswara Prakasam29.Jothi Muthuramalingam : Respondents 26 to 29/ LR.s of the deceased 14th Respondent (R26 to 29 are brought on record as LR.s of the deceased 14th respondent, vide court order, dated 23/01/2023 made in CMP(MD) Nos.3351, 3353 and 3354 of 2020 in SA No.827 of 2002)30.Rajalakshmi31.Murugaboopathy : Respondents 30 and 31/ LR.s of the deceased 15th Respondent (Respondents 30 and 31 are brought on record as LR.s of the deceased 15th respondent, vide court order, dated 30/06/2023 made in CMP(MD) Nos.1851, 1854, 1856, 1858, 1860 and 1861 of 2023 in SA No.827 of 2002)32.Gurusamy33.Muthumari : Respondents 32 and 33/ LR.s of the deceased 18th Respondent (Respondents 32 and 33 are brought on5/10 https://www.mhc.tn.gov.in/judis record as LR.s of the deceased 18th respondent, vide Court order, dated 30/06/2023 made in CMP(MD)Nos.1851, 1854, 1856, 1858, 1860 and 1861 of 2023 in SA No.827 of 2002)34.Gandhimathi35.Kowsalya36.Indhumathi37.Minor.Gokila Priya : Respondents 34 to 37/ LR.s of the deceased 27th Respondent (37th respondent is minor represented by her mother and natural guardian 34th Respondent herein) (Respondents 34 to 37 are brought on record as LR.s of the deceased 27th respondent, vide court order, dated 02/08/2023 made in CMP(MD) Nos.1863 to 1865 of 2023 in SA No.827 of 2002) PRAYER:Second Appeal is filed under Section 100 of the Civil ProcedureCode, to set aside the judgment and decree made in AS No.154 of 1997 on the file ofthe Additional District Judge cum Chief Judicial Magistrate Court,Ramanathapuram, dated 22/06/2000 which confirms the judgment and decreemade in OS No.82 of 1993 on the file of the Sub Court, Ramanathapuram, dated25/03/1996. DECREE :These Second Appeals coming upon for orders on Friday the Fourth day of AprilTwo Thousand Twenty Five day and upon perusing the judgments and decrees ofthe Lower Appellate Court and the Court of First Instance and the material papers6/10 https://www.mhc.tn.gov.in/judis in the Suit and upon hearing the arguments of Mr.S.Subbiah, Senior Counsel forM/s. J.Anandhavalli Advocate for Appellants in SA.No.1549 of 2000 and forRespondents No.9 and 20 in SA.No.827 of 2002; Mr.T.N.Rajagopalan forMr.S.Vellaichamy, Advocate for Respondent No.1 in SA.1549 of 2000 and forRespondents No.1,3 to 8 in SA.No.827 of 2002; Mr.M.P.Senthil, Advocate forRespondent No.11 in SA.No.1549 of 2000 and Mr.R.Babu Jegannath, Advocate forRespondent No.22 in SA.No.827 of 2002; Mr.Natarajan, Senior Counsel forM/s.Vijayakumari Natarajan, Advocate for Respondents No.17 to 20 in SA.No.1549of 2000 and for Appellant in SA.No.827 of 2002 ; Mr.V.R.Shanmuganathan,Advocate for Respondents No.25 to 31 in SA.No.1549 of 2000 and for RespondentsNo.26, 28 and 29 for SA.No.827 of 2002 , none having appeared for the RespondentsNo.21 to 24 in SA.1549 of 2000 and for Respondents NO.30 to 37 in Sa.No.827 of 2002either in person or through Counsel, this Court having stood over the matter forconsideration till date, doth order and decree as follows : i) that the judgment and decree, dated 22/06/2000 and made in AS Nos.155 of1996 and 154 of 1997 on the file of the Additional District Court cum Chief JudicialMagistrate Court, cum Chief Judicial Magistrate Court, Ramanathapuram,confirming the judgment and decree, dated 25/03/1996 in OS No.82 of 1993 on thefile of the Sub Court, Ramanathapuram be and hereby are confirmed.7/10 https://www.mhc.tn.gov.in/judis ii) that these Second Appeals be and hereby are dismissed.iii)that the Appellants herein/Defendants be and hereby are directed to pay sumof Rs.9519.50/- (Rupees Nine Thousand Five hundred and nineteen and Fifty paiseonly) being the cost incurred by the plaintiffs in the Original Suit and furtherRs.10/- (Rupees Ten only (vakalath)) being the cost of Second Appeal to theRespondents/Plaintiffs. Memorandum of costs (Respondents/Plaintiffs Cost )O.S. Cost (as per decree) - Rs.9519.50S.A Cost (cost memo not filed) - 10.00 Sd/-Assistant Registrar C S II// True Copy // /06/2025Sub Assistant Registrar( I / II / III / IV)8/10 https://www.mhc.tn.gov.in/judis TO1. The Additional District Judge Cum Chief Judicial Magistrate, Ramanathapuram.2. The Sub Judge, Ramanathapuram.Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai+2 CCs to M/s.J.ANANDHAVALLI, Advocate, SR.Nos.31242 and 31276+5 CCs to M/s.S.VELLAICHAMY, Advocate, SR.No.31275+2 CCs to M/s.VIJAYAKUMARI NATARAJAN, Advocate , SR.Nos.31282 and312839/10 https://www.mhc.tn.gov.in/judis ORDER DATED : 29/05/2025 ========================== DECREE ========================== SA Nos.1549 of 2000 & 827 of 2002 Dismissing the SecondAppeals judgment and decree, dated22/06/2000 and made in AS No.155 of 1996 and154 of 1997 on the file of the Additional DistrictCourt, Ramanathapuram, confirming thejudgment and decree, dated 25/03/1996 in OSNo.82 of 1993 on the file of the Sub Court,Ramanathapuram, etc., as stated within., jj/10.06.2025 10P/14C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 10/10