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Madras High CourtSA/954/2009dismissed with cost

S.Sonachalam v. R.Kamaraj

2021-03-22Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.954 of 2009 S.Sonachalam ... Appellant/Appellant/2nd Defendant Vs.

1. R.Kamaraj

2. S.Soundaram

3. Maheswari

4. Senthilkumar (Died) [R2 S.Soundaram as LR's of the deceased 4th respondent vide order of Court dated 09.02.2021.

Recorded in the memo SR.1174 dated 03.02.2016]

5. S.Sivananth

6. S.Sivaraj ... Respondents/Respondent 1 to 6/ Plaintiffs 2 to 5/Defendants 3 & 4 Prayer:

Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Learned Additional Subordinate Judge, Salem dated 24.11.2006 made in A.S.No.138 of 2006 confirming the judgment and decree of the learned I Additional District Munsif of Salem dated 01.08.2005 made in O.S.No.1816 of 2004. Decree:

This Second Appeal coming on for hearing on Tuesday, the ninth day of March, Two thousand and twenty one (ie) 09.03.2021 upon perusing the Grounds of Appeal, the Judgment and Decrees of the Lower Appellate Court and the Court of first instance and the material papers in the suit and upon hearing the arguments

of Mr.J.Ramakrishnan, Advocate for the Appellant, and of Mr.V.Sekar, Advocate for the first respondent and Mr.S.Kalyanaraman, Advocate for the Second and Third Respondents and Mr.P.Dinesh Kumar, Advocate for Mr.D.Babu Varadharajan, Advocate for the fifth and sixth Respondents and this Court having stood over consideration till this day, doth order and decree as follows:

1.That the judgment and decree dated 24.11.2006 passed in A.S.No.138 of 2006 on the file of the Additional Subordinate Court, Salem, confirming the judgment and decree dated 01.08.2005 passed in O.S.No.1816 of 2004 on the file of the Additional District Munsif Court, Salem be and hereby are confirmed and the second appeal is dismissed. 2.That the appellant herein/2nd defendant do pay a sum of Rs.2553/- (Rupees two thousand five hundred and Fifty three only) to the respondents 1 to 3 / 2 to 4 plaintiffs being the cost incurred this second appeal.

MEMORANDUM OF COSTS Rs. P.

Stamp for Vakalatnama : 30. 00 Do. used for the Memo. : Do. for do. of the lower Court : Do. for do. of the do. : Do. for enclosures : Value of copy Stamp-paper used for enclosures : Advocate's fee [certificate not received] : 2523. 00 Senior fee - 1892 1/3 of Junior fee - 631 (Senior fee & Junior fee as taxed) Batta and Postage : Translation and Printing/Typing charges : ---------- 2553. 00 ---------- Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mfa

To

1. The Additional Subordinate Judge, Additional Subordinate Court, Salem.

2. The Ist Additional District Munsif, Ist Additional District Munsif Court, Salem.

Copy to The Section Officer, VR Section, High Court, Chennai.

+1cc to M/s.S.Kalyanaraman, Advocate, S.R.No.18121 +2ccs to M/s.V.Sekar, Advocate, S.R.No.18373 +1cc to M/s.J.Ramakrishnan, Advocate, S.R.No.18527 +1cc to Mr.D.Babu Varadharajan, Advocate, S.R.No.18526 DATED :

22.03.2021 DECREE S.A.No.954 of 2009 Dismissing the Second appeal preferred against the judgment and decree of the learned Additional Subordinate Judge, Salem dated 24.11.2006 made in A.S.No.138 of 2006 confirming the judgment and decree of the learned I Additional District Munsif of Salem dated 01.08.2005 made in O.S.No.1816 of 2004.

AK(CO) SU(01/10/2021) A.SK(20.10.2021)