D.SWAMINATHAN Vs. LATHA

JUDGEMENT

(1.) The third defendant in the suit has filed the above Second Appeal and pending this Second Appeal, the sole appellant died and the appellants 2 to 4 were brought on record as his legal heirs.

(2.) The present Second Appeal has been filed as against the judgment and decree dtd. 16/6/2005 in A.S.No.162 of 1997 passed by the Additional District and Sessions Judge, Fast Track Court-IV, Chennai, confirming the judgment and decree dtd. 26/6/1996 in O.S.No.3247 of 1993 passed by the First Assistant Judge, City Civil Court, Madras.

(3.) For the sake of convenience, the parties will be referred to according to their litigative status as before the Trial Court. The brief facts, which give rise to the instant second appeal, are as follows: