Sathiah v. S.Sobana

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Twenty Third day of July Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.816 of 2010 SATHIAH, ... Appellant/1st Respondent/Plaintiff Vs 1 S.SOBANA REP.BY HER POWER AGENT DR.J.JEGADEESAN, ...1st Respondent/Appellant/3rd Defendant 2 S.THANGAPANDIAN 3 T.RAMASAMY ... 2nd & 3rd Respondents/2nd &3rd Respondents/ 1st & 2nd Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Subordinate Judge, Subordinate court, Sivagangai dated 31.03.2010 made in Appeal Suit No.36 of 2009, reversing the judgment and decree of the court of the District Munsif Cum Judicial Magistrate, Thiruppathur dated 15.04.2009 made in Original Suit No 11 of 2006 .

DECREE:- This Second Appeal coming on for hearing on this date, 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.Vijayakumar, Advocate for the Appellant and of Mr.S.Madhavan, Advocate for the first respondent(the third respondent herein not appearing either on person or through and Advocate; the 2nd respondent herein being given up), this court doth order and decree as follows:.

(1) That the Judgment and Decree dated 31.03.2010 made in Appeal Suit No. 36 of 2009 on the file of the Subordinate Court, sivagangai. Reversing the judgment and decree dated 15.04.2009 made in Original Suit No.11 of 2006 on the file of the District Munsif cum Judicial Magistrate, Thirupathur be and hereby is confirmed and this Second Appeal is dismissed.

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(2) That there be no costs in this Appeal.

Schedule of Property Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Subordinate judge, Sivagangai.

2. The District Munsif cum Judicial Magistrate, Thirupathur.

Copy to The Section Officer, V.R.Section (2C) Madurai Bench of Madras High Court, Madurai +1 CC to M/s.R.VIJAYAKUMAR, Advocate ( SR-23819 dated 26/07/2021 ) 2/3

ORDER DATED : 23/07/2021 ========================== DECREE ========================== SA(MD). No.816 of 2010 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dated 31.03.2010 made in Appeal suit No.36 of 2009 on the file of the Subordinate Court, Sivagangai reversing the Judgment and decree dated 15.04.2009 made in Original suit No.11 of 2006 on the file of the district Munsif cum Judicial Magistrate. etc., as stated within.

KB(13.09.2021) 3P 6C 3/3