Madras High CourtAS/870/2014partly allowed

T.Palanisamy v. M.Varadarajan

2022-02-24Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Appeal Suit No.870 of 2014 T.Palanisamy ..Appellant/Plaintiff /versus/ M.Varadarajan ..Respondent/Defendant Prayer:

Appeal against the judgment and decree of the III Additional District and Sessions Judge, Coimbatore passed in O.S.No.587 of 2011 dated 16/07/2014.

Decree : This Appeal coming on for hearing on for hearing on Tuesday, Twenty Second Day of February, Two Thousand and Twenty Two, upon perusing the grounds of Appeal, the judgment and decree passed by III Additional District and Sessions Judge, Coimbatore passed in O.S.No.587 of 2011 dated 16/07/2014 and upon hearing the arguments of Mr.N.Prakash for Mr.S.Namasivayam, Advocate for the Appellant and of K.Govi Ganesan, Advocate for the Respondent and having stood over for consideration till this day, this Court observing that the appellant is not entitled to the relief of specific performance, allowing this appeal in part doth order and decree as follows:

1) that the Appellant herein/Plaintiff, be and hereby is entitled for refund of money advance (i.e.) Rs.2,00,000/-(Rupees Two Lakhs only) without any interest, within a period of two months from the date of this judgment.

2) that any delay in payment beyond two months, the above said amount shall carry on interest of 12% p.a.

3) that there be no order as to costs in this Appeal. Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To:

III Additional District and Sessions Judge, Coimbatore. Copy To The Section Officer, VR Sectin, High Court, Madras.

+1cc to Mr.K.Govi Ganesan, Advocate SR.No.12504 +1cc to Mr.S.Namasivayam, Advocate SR.No.12997 DATED : 24/02/2022 DECREE :

A.S.No.870 f 2014 Partly allowing the Appeal Suit preferred against the judgment and decree dated 16/07/2014 made in O.S.No.587 of 2011 on the file of III Additional District and Sessions Judge, Coimbatore etc., as stated therein.

AR II(CO) GMY(31/05/2022) https://hcservices.ecourts.gov.in/hcservices/