Madras High CourtSA(MD)/710/2010allowed

Karuppasamy v. Govindan

2022-03-18Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD)No.710 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Eighteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD)No.710 of 2010 Karuppasamy ... Plaintiff/Respondent/Appellant Vs Govindan ... Defendant/Appellant/Respondent Prayer :- Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and decree dated 22.07.2009 in A.S.No.61 of 2008 on the file of the Subordinate court, Sankarankovil, reversing the Judgment and decree dated 28.06.2007 in O.S.No.358 of 2005 on the file of the Principal District Munsif Court, Sankarankovil.

Decree: This Second Appeal came up 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 the material papers in the Suit and upon hearing the arguments of Mr.F.X.Eugene, Advocate for the Appellant and Mr.V.Meenakshi Sundaram for Mr.D.Nalla Thampi, Advocate for Respondent, this Court doth order and decree as follows:- i)That, the Judgment and decree dated 22.07.2009 in A.S.No.61 of 2008 on the file of the Subordinate Judge, Sankarankovil be and are hereby set aside and this Second Appeal is allowed; ii) that, the Judgment and decree dated 28.06.2007 in O.S.No.358 of 2005 on the file of the Principal District Munsif, Sankarankovil, be and are hereby restored and iii)that, there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Enclosed herewith Copy of the Schedule of Property https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD)No.710 of 2010 TO 1.The Subordinate Judge, Sankarankovil.

2.The Principal District Munsif, Sankarankovil.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.F.X.EUGENE, Advocate, SR.No.13229 +1 CC to M/s.D.NALLATHAMBI, Advocate, SR.No.13289 ORDER DATED : 18/03/2022 ========================== DECREE ========================== SA(MD)No.710 of 2010 Nature of Decree:- Allowing the Second Appeal preferred against Judgment and Decree of the Subordinate Judge, Sankarankovil, passed in A.S.No.61 of 2008 dated 22.07.2009 and preferred against the Judgment and Decree of the Principal District Munsif, Sankarankovil, passed in O.S.No.358 of 2005, dated 28.06.2007 etc., as stated within.

RD(13.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2