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Madras High CourtSA/588/2010dismissed

S. Chandrasekaran S/O. Sadayan v. As Chinnamuthu(Died)

2022-04-18Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT:

THE HONOURABLE MRS. JUSTICE R.HEMALATHA S.A.No.588 of 2010 and M.P.No.1 of 2010 S.Chandrasekaran ... Appellant/1st Defendant Vs.

1.A.S.Chinnamuthu (Died) ...1st Respondent/ Plaintiff 2.M.Senthilkumar 3.P.Kulandaivelu 4.P.Sellakumar 5.A.Prabakaran ... 2 to 5Respondents/ 2 to 5 Defendants 6.C.Govindammal 7.C.Balamurugan 8.C.Sudha 9.C.Boopathi Rajan ... 6 to 9 Respondents (R1 died RR6 to 9 brought on record as Lrs of the deceased R1 vide Court order dated 31.03.2022 made in C.M.P.No.6332 of 2021) (Respondents 2 to 5 given up in the first appeal hence they are also not necessary parties for the present second appeal. They are hereby given up in the second appeal) Prayer: Appeal filed under Section 100 of Civil Procedure Code against the judgment and Decree of the Court of the Principal District Judge, Salem dated 19.06.2008 made in A.S. No.14 of 2008, upholding the judgment and decree of the Court of the Additional Sub Judge, Salem dated 19.01.2007 made in O.S. No.524 of 1993.

DECREE:

This Second Appeal coming on for hearing on this day and upon perusing grounds of Appeal, the Judgment and Decrees of the lower Appellant court and the Court of first instance and material papers in the case and upon hearing the arguments of Mr.J.Hariharan for M/s.V.Nicholas Advocate for the Appellant and Mr.K.Bijai Sundar, Advocate for the Respondents 6 to 9 this https://hcservices.ecourts.gov.in/hcservices/

court doth order and decree as follows:- 1.that the judgment and Decree of the Court of the Principal District Judge, Salem dated 19.06.2008 made in A.S. No.14 of 2008, upholding the judgment and decree of the Court of the Additional Sub Judge, Salem dated 19.01.2007 made in O.S. No.524 of 1993 be and hereby is confirmed and this Second Appeal is dismissed; and

2. that there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mtl To 1.The Principal District Judge, Salem.

2.The Additional Subordinate Judge, Salem.

3.Copy to: The Section Officer, VR Section, High Court, Madras. +1cc to Mr.K.Bijai Sundar, Advocate, S.R.No.26118 +1cc to M/s.V.Nicholas, Advocate, S.R.No.26081 S.A.No.588 of 2010 Dated : 18/04/2022 Nature of Decree:

Dismissing the Second Appeal preferred against the judgment and Decree of the Court of the Principal District Judge, Salem dated 19.06.2008 made in A.S. No.14 of 2008, upholding the judgment and decree of the Court of the Additional Sub Judge, Salem dated 19.01.2007 made in O.S. No.524 of 1993, etc, as stated therein.

CA(CO) CT 10/06/2022 https://hcservices.ecourts.gov.in/hcservices/