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Madras High CourtAS/82/2012closed

Azhaganandham v. Janarthanan

2023-12-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Cross.Appeal SR.No.47100 of 2016 and C.M.P.No.12534 of 2016 A.S.No.82 of 2012:- Azhaganandham ...Appellant -VsJanarthanan ... Respondent Prayer: First Appeal filed under Section 96 of CPC, to set aside the Judgment and Decree dated 21.06.2011 made in O.S.No.115 of 2007 on the file of the Additional District Court (Fast Track Court No.II), Cuddalore.

For Appellant : Mr.Sivasankaran For Respondent : Mr.M.Arumugam Cross.Appeal SR.No.47100 of 2016:- Janarthanan ... Cross Appellant -VsAzhaganandham ... Respondent

Prayer: Cross Appeal filed under Order 41 Rule 1 and 22 of CPC, to set aside the Judgment and Decree made in O.S.No.115 of 2007 on the file of the Additional District Court (Fast Track Court No.II) at Cuddalore dated 21.06.2011 only confining with regards to item Nos.5, 8 and 15 to 17 and thereby allow this Cross Appeal insofar as it relates to the claim of this Cross Appellant share in the above suit properties items is concerned. For Cross Appellant : Mr.M.Arumugam For Respondent : Mr.Sivasankaran COMMON JUDGMENT This appeal suit has been filed as against the Judgment and Decree dated 21.06.2011 made in O.S.No.115 of 2007 passed by the Additional District Court (Fast Track Court No.II), Cuddalore.

2. The learned counsel for the appellant would submit that the final decree has been passed in O.S.No.115 of 2007 by the Additional District Court (Fast Track Court No.II), Cuddalore, on 27.11.2012 itself.

3. Recording the above said submission, this appeal suit is closed.

4. In view of the Judgment passed in A.S.No.82 of 2012, the Cross.Appeal SR.No.47100 of 2016 is hereby rejected at the SR stage itself. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

18.12.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The Additional District Court (Fast Track Court No.II), Cuddalore. 18.12.2023