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Madras High CourtSA(MD)/218/2009allowed

A.Pitchumani Chettiar v. Balamuralikrishna

2019-07-052 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Fifth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN SA(MD). No.218 of 2009 A.Pitchaimani Chettiar ... Appellant/1st Respondent/Defendant Vs.

Balamuralikrishna ... Respondent/Appellant/Plaintiff Prayer:- Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree of the Sub Judge, Trichy, dated 15/04/2008 made in AS.No.103 of 2006, reversing the judgment and decree of the District Munsif Court, Lalgudi made in OS.No.1350 of 1995 dated 20/03/2006.

DECREE:- Second Appeal is coming on for hearing on Friday, this Firth day of April, Two Thousand and Nineteen, upon perusing the grounds of Appeal, the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of Mr.R.BASKARAN, Advocate for the Appeallant and of MR.S.PARTHASARATHY SENIOR COUNSEL FOR MR.K.GOVINDARAJAN, Advocate for the respondent and having stood over consideration till this day this Court while Allowing this Second Appeal, this Court doth order and decree as follows:- i)that the judgment and decree passed in AS.No.103 of 2006 by the learned First Additional Subordinate Judge, Tiruchirappalli dated 15.04.2008 be and hereby is set aside;

ii) that the judgment and decree of the Trial Court passed the OS.No.1350 of 1995, on the file of the learned District Munsif-cumJudicial Magistrate, Lalgudi, be and hereby are restored; and iii) that there be no order as to costs in this Second Appeal Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

TO

1. THE SUB JUDGE TRICHY

2. DISTRICT MUNSIF COURT LALGUDI Copy to : The Section Officer, Madurai Bench of Madras High Court, Madurai.(2 copies) ORDER DATED : 05/07/2019 ========================== DECREE ========================== SA(MD). No.218 of 2009 Allowing the Second Appeal preferred against the judgment and decree of the First Additional Sub Judge, Trichy, dated 15/04/2008 made in AS.No.103 of 2006, reversing the judgment and decree of the District Munsif Court, Lalgudi made in OS.No.1350 of 1995 dated 20/03/2006. as stated within.

NA (05.08.2019) 2P : 5c https://hcservices.ecourts.gov.in/hcservices/