S.Duraivelu (Deceased) v. N.Thangamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN A.S.No. 25 of 2017 S. Duraivelu (Deceased)

1. D.Punithavathy

2. E.D.Valayapathy

3. D.Kumaresan ... Appellants/Defendants 3 to 5 Vs

1. N.Thangamani ... Plaintiff/Respondent

2. Shenoynagar Saswatha Nidhi Ltd., Rep. by its Secretary Having Office at No.723, Poonamallee High Road, Aminjikkarai, Chennai - 600 029.

... 2nd Respondent/2nd Respondent PRAYER: Appeal filed under Section 96 C.P.C., against the Judgment and Decree dated 11.03.2016 passed in O.S.No. 9249 of 2011 on the file of XIX Additional City Civil Court at Chennai. Decree : This First Appeal is came up for hearing on 04.03.2022 upon perusing the grounds of Appeal, material records available in the case, the decree and Judgment and upon hearing the arguments of Mr.T.V.Ramanujam, Senior Counsel for the Appellants and of Mr.R.Thiyagarajan, Advocate for the 1st Respondent and of Mr.C.Krishnamoorty Advocate for the 2nd Respondent and the matter having been stood over for consideration till this day, this Court while Allowing this Appeal Suit, doth Judgment and decree as follows:

1. That this Appeal Suit is allowed and the Judgment and Decree in O.S.No.9249 of 2011 dated 11.03.2016 be and hereby is set aside and the Suit stand dismissed.

2. That the respondent do pay Rs.260/- (Rupees Two Hundred and Sixty only) towards costs incurred in this appeal Suit.

MEMORANDUM OF COSTS Rs.

P.

Stamp for Vakalatnama 10.

Advocate's Fee on Rupees(FC Not Filed) - - Batta and Postage Traslation and Printing/Typing Charges ---------- To be paid to the Appellant/Petitioner by the Respondent ---------- Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsg To:

1.XIX Additional City Civil Court at Chennai.

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

+2cc to Mr.R.Thiyagarajan, Advocate, S.R.No.30238 +1cc to Mr.C.Jagadish, Advocate, S.R.No.29990

DATED: 29/04/2022 DECREE:

A.S.No. 25 of 2017 Appeal filed under Section 96 C.P.C., against the Judgment and Decree dated 11.03.2016 passed in O.S.No.

9249 of 2011 on the file of XIX Additional City Civil Court at Chennai., is allowed with costs, etc., as stated within.

RGN(CO) SB(30/06/2022)