Sundarrajan v. S.Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN S.A.No.1035 of 2021 1.Sundarrajan 2.Kala 3.Ganesan 4.Bakiyam ... Appellants/Respondents/Defendants .Vs.

1.S.Kannan 2.S.Dineshkumar ... Respondents/Appellants/Plaintiff PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code to set aside the Judgment and Decree dated 31.3.2021 in A.S.No.62 of 2017 on the file of the learned SubJudge, Palacode reversing the Judgment and Decree dated 24.11.2015 in O.S.No.68 of 2014 on the file of the learned District Munsif, Palacode.

DECREE: This Second Appeal coming on for admission on this day, upon perusing the grounds of Appeal, the Judgments and Decrees of the lower Appellate Court and the Court of first instance and upon hearing the arguments of Mr.R.Selvakumar, Counsel for Appellant, this Court, while dismissing the Second Appeal, doth order and decree as follows:

1. That the Judgment and Decree of the learned Subordinate Judge, Palacode, dated 31.3.2021 in A.S.No.62 of 2017 reversing the Judgment of the learned District Munsif, Palacode dated 24.11.2015 in O.S.No.68 of 2014 be and hereby is confirmed and;

2. That the Appellants/Defendants herein be and hereby are directed to pay a sum of Rs.10/-(Rupees Ten only) to the Respondents/Plaintiffs herein towards costs incurred in this Second Appeal and also the cost incurred by the

Respondent/Plaintiff as and when taxed by the taxing officer of the Courts below.

MEMORANDUM OF CASES Respondent () Costs.

Rs.

P.

Stamp for Vakalatnama 10.

Advocate's Fee (F.C not filed) - - Translation printing/Typing Charges Nil ------------- To be paid by the Appellant to the Respondent ------------- Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sai To 1.The District Munsif, Palacode.

2.The Subordinate Judge, Palacode.

Copy To:

The Section Officer, VR Section, High Court, Madras.

+1cc to the Mr.R.Selvakumar, Advocate S.R.No.64512

DATED: 07/12/2021 DECREE:

S.A.No.1035 of 2021 Dismissing the Second Appeal against the Judgment and Decree dated 31.3.2021 made in A.S.No.62 of 2017 on the file of the learned Subordinate Judge, Palacode reversing the Judgment and Decree dated 24.11.2015 made in O.S.No.68 of 2014 on the file of the learned District Munsif, Palacode, etc., as stated within.

GSM(CO) SB(20/06/2022)