Chandran v. Saroja

SA(MD). No.51 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Eleventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.51 of 2012 1 CHANDRAN 2 SAMIKANNU 3 DURAISAMY ... Appellants/ Appellants/ Defendants 2 to 4 Vs 1 SAROJA ... 1st Respondent/ 1st Respondent/ Plaintiff 2 CHINNAPONNAN @ ARUMUGAM(Died) ... 2nd Respondent/ 2nd Respondent/ 1st Defendant [ Appellants 1 to 3 are recorded as LRS of the deceased second Respondent as per memo in USR No.869/2012, dated 02.03.2012 vide order dated 21.03.2012] Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Additional District Judge cum Fast Track Court, Dindigul, dated 27.09.2011 made in Appeal Suit No.25 of 2010, confirming the judgment and decree of the court of the Subordinate Judge, Palani made in Original Suit No. 196 of 2008 dated 12.01.2010.

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 Appellants and of MR.S.RAJASEKAR, Advocate for the second Respondent, this Court doth order and decree as follows:-

(1) That the Judgment and Decree of both the Courts below be and hereby are confirmed and this second appeal is dismissed.

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SA(MD). No.51 of 2012

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

Schedule of property vide separate sheet.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Additional District Judge cum Fast Track Court, Dindigul.

2. The Subordinate Judge, Palani.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-26032[F] dated 12/08/2021 ) +1 CC to M/s.R.VIJAYAKUMAR, Advocate ( SR-26279[F] dated 13/08/2021 ) ORDER DATED: 11/08/2021 ======================== DECREE ======================== SA(MD). No.51 of 2012 Nature of Decree:- Dismissing the Second Appeal preferred against the the judgment and decree of the Additional District Judge cum Fast Track Court, Dindigul, dated 27.09.2011 made in Appeal Suit No.25 of 2010, confirming the judgment and decree of the court of the Subordinate Judge, Palani made in Original Suit No. 196 of 2008 dated 12.01.2010 etc., as stated within.

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