Madras High CourtSA(MD)/779/2008dismissed

Karuppikkan v. Marimuthu

2021-08-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD)No.779 of 2008 KARUPPIKKAN ... Appellant/Appellant/1st Defendant Vs 1.MARIMUTHU ... 1st Respondent/1st Respondent/ Plaintiff 2.KARUPPAYEE 3.PANCHAVARNAM

...Respondents 2 & 3/Respondents 2 & 3/

(Respondents 2 and 3 are Defendants 2 and 3 exparte before the trial Court and the appellate Court and hence notice need not be sent to them) Prayer :- This Second Appeal filed under Section 100 of C.P.C., to allow this Second appeal and set aside the Judgment and Decree dated 01.02.2008 made in A.S.No.74 of 2006 on the file of the Sub Court, Paramakudi, confirming the Judgment and Decree dated 26.07.2006 made in O.S.No.12 of 2004 on the file of the District Munsif cum Judicial Magistrate Court, Kamuthi, Ramnad District.

DECREE:- This Second Appeal came up for final hearing on this day, upon perusing the grounds of Appeal, the order of the court below and the material papers of the case and upon hearing the arguments of M/s.G.Gomathi Sankar, Advocate for the Appellant and M/s.S.Sivathilakar, Advocate for the 1st Respondent, this Court doth order and decree as follows:- i) that the Judgment and decree passed by the Subordinate Court, Paramakudi, dated 01.02.2008 made in A.S.No.74 of 2006 confirming the Judgment and Decree of the District Munsif cum Judicial Magistrate Court, Kamuthi, Ramnad District, dated 26.07.2006 made in O.S.No.12 of 2004, be and hereby are confirmed and this Second Appeal is dismissed; and ii) that there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

TO 1.The Subordinate Judge, Paramakudi.

2.The District Munsif cum Judicial Magistrate, Kamuthi, Ramnad District.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.S.SIVA THILAKAR, Advocate, SR.No.25397 +1 CC to M/s.G.GOMATHI SANKAR, Advocate, SR.No.25421 ORDER DATED : 05/08/2021 ========================== DECREE ========================== SA(MD)No.779 of 2008 Nature of Decree:- Dismissing the Second Appeal preferred against the Judgment and Decree of the Subordinate Court, Paramakudi, dated 01.02.2008 made in AS.NO.74 of 2006, preferred against the Judgment and Decree of the District Munsif cum Judicial Magistrate Court, Kamuthui, Ramnad District, dated 26.07.2006 made in O.S.No.12 of 2004 etc., as stated within.

KB(27.09.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2