E.Raja @ Loganathan v. V.Boopalan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR S.A. No.465 of 2017 1.E.Raja @ Loganathan 2.Mohan Kumar ... Appellants/ Appellants 1 &3/Defendants 1&3 Vs.

1.V.Boopalan ... 1st Respondent/ 1st Respondent/ Plaintiff 2.Ramu 3.Minor Dhanalakshmi (Respondents 2 & 3 are given up as unnecessary parties) ... Respondents 2 &3/Appellant 2 &4/ Defendants 2 &4 Prayer: Appeal against the judgment and the decree dated 28.10.2014 in A.S.No.29 of 2014 on the file of the I Additional District Court, Salem, partly reversing the judgment and the decree dated 22.02.2013 in O.S.No.82 of 2009 before the I Additional Sub Court, Salem.

Decree:- This Second Appeal coming on for hearing on this day upon perusing the Grounds of Appeal, the Judgment and Decree of the Lower Appellate Court, and the Court of First instance and material papers available in this case and upon hearing the arguments of Mr.T.Sezhian , Advocate for the Appellants and Mr.J.Franklin Advocate for the Respondents, and Respondents 2 to 3 are having been given up as unnecessary parties this court doth order and decree as follows:

1. that the Judgment and decree dated 28.10.2014 made in A.S.No.29 of 2014 Passed by the I Additional District Court, Salem, partly reversing the judgment and the decree dated 22.02.2013 in O.S.No.82 of 2009 before the I Additional Sub Court, Salem be and hereby are confirmed and this second Appeal is dismissed with Costs.

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2. That the Appellants/ Defendants 1 & 3 do pay a sum of Rs. 10/- (Rupees Ten only) to the respondent being the cost incurred in this Second Appeal.

Memorandum of costs Respondent( ) Costs.

Rs. P Stamp for Vakalatnama 10.00 Advocate's Fee on Rupees Translation and Printing/Typing Charges.

Nil Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To:

1. The I Additional District Judge, Salem.

2. The I Additional Sub Judge, Salem.

3. COPY TO The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.J.Franklin, Advocate, S.R.No.23423 +1cc to Mr.R.Meenal, Advocate, S.R.No.22974 S.A.No.465 of 2017 DATED : 04/04/2022 Nature of the Decree: Dismissing with Cost the Appeal Preferred against the judgment and the decree dated 28.10.2014 in A.S.No.29 of 2014 on the file of the I Additional District Court, Salem, partly reversing the judgment and the decree dated 22.02.2013 in O.S.No.82 of 2009 before the I Additional Sub Court, Salem etc. as stated within.

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