Madras High CourtSA(MD)/543/2011partly allowed

K.Dhanapal v. G.Swaminathan

2021-04-20Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD)No.543 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD)No.543 of 2011 K.DHANAPAL ... Appellant / Appellant / 2nd Plaintiff / VERSUS / G.SWAMINATHAN ... Respondent / Respondent / Defendant Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Additional Subordinate Court,Kumbakonam dated 22.04.2010 made in Appeal Suit No.114 of 2008 preferred against the judgment and decree of the court of the Principal District Munsif, Kumbakonam made in Original Suit No. 337 of 2004 dated 23.01.2007.

DECREE:- This Second Appeal coming up for hearing on this day, 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.LAKSHMI SHANKAR FOR MR.T.V.SIVAKUMAR, Advocate for the Appellant and of MR.S.PRABHU, Advocate for the Respondent, this Court doth order and decree as follows:-

(1) That, the Judgment and Decree of the Additional Subordinate Court,Kumbakonam dated 22.04.2010 made in Appeal Suit No.114 of 2008 preferred against the judgment and decree of the court of the Principal District Munsif, Kumbakonam made in Original Suit No. 337 of 2004 dated 23.01.2007 be and hereby confirmed and this Second Appeal is dismissed and

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

SCHEDULE OF PROPERTY District : Thanjavur Taluk : Kumbakonam Town : Kumbakonam Ward No : 6 Street : Madalampettai Thattara Street @ Veerapandiya Kattabomman Street T.S.No.1620 Door No.

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SA(MD)No.543 of 2011 Boundaries : East of the Steet, West of the Railway Property, North of the House of the defendant, South of the Plaintiff's House convered my door No.14 ft Measurement : North to South 54 1⁄2 East to West 118 Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Additional Subordinate Judge, Kumbakonam.

2. The Principal District Munsif, Kumbakonam Copy to:

The Section Officer,V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.T.V.SIVAKUMAR, Advocate ( SR-16852 ) ORDER DATED : 20/04/2021 ========================== DECREE ========================== SA(MD)No.543 of 2011 Nature of Decree:- Dismissing the Second Appeal preferred against the Judgment and decree of the Additional Subordinate Court, Kumbakonam dated 22.04.2010 made in Appeal Suit No.114 of 2008 preferred against the judgment and decree of the court of the Principal District Munsif, Kumbakonam made in Original Suit No. 337 of 2004 dated 23.01.2007 and etc., as stated within.

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