Madras High CourtSA(MD)/983/2011dismissed

A.Kallakondan v. A.Rajaguru @ Guru

2021-03-05Honourable Mr Justice M.Dhandapani2 pages

SA(MD). No.983 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Fifth day of March Two Thousand and Twenty one PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SA(MD). No.983 of 2011 A.KALLAKONDAN, S/O.AYYA NADAR PALLI KOODA STREET, RAYAGIRI KASPA SIVAGIRI TALUK, TIRUNELVELI DISTRICT..

... Appellant / Appellant / 1st Defendant .Vs.

1 A.RAJAGURU @ GURU S/O.AYYADURAI SIVAGAMI AMMAL STREET RAYAGIRI KASPA, SIVAGIRI TALUK,, TIRUNELVELI DISTRICT ... 1st Respondent / 1st Respondent / Plaintiff 2 THE SECRETARY KAMMAVAR HINDU HIGH SCHOOL, VISVANATHAPERI,, SIVAGIRI TALUK, TIRUNELVELI DISTRICT..

3 THE DISTRICT EDUCATIONAL OFFICER, THE DISTRICT EDUCATIONAL OFFICE, ` TENKASI, TENKASI TALUK, TIRUNELVELI,DISTRICT. ... 2nd & 3rd Respondents / 2nd and 3rd Respondent / 2nd and 3rd Defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 25.02.2011 in A.S. No.76 of 2010 on the file of the Subordinate Judge, Sankarankovil, Tirunelveli District confirming the judgment and decree in O.S. No.149 of 2007 dated 24.08.2010 on the file of the District Munsif-cum-Judicial Magisgtrate, Sivagiri, Tirunelveli District.

DECREE:- This Second Appeal coming on for hearing on Tuesday, the Twenty third day of February Two thousand and twenty one, 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.V.SASIKUMAR, Advocate for the Appellant and of MR.F.X.EUGENE, Advocate for the first respondent, and of Mr.C.M.Marichelliah Prabhu, Additional Government Pleader for the third respondent, having stood over for consideration till this date, and this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.983 of 2011 doth order and decree as follows:-

(1) That the Judgment and Decree passed in A.S. No.76 of 2010 by the Subordinate Judge, Sankarankovil confirming the Judgment and Decree passed by the District Munsif-cum-Judicial Magistrate, Sivagiri in O.S. No.149 of 2007 be and hereby are confirmed and this appeal is dismissed; and

(2) That there be no order as to costs in this Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1) The Subordinate Judge, Sankarankovil

2) The District Munsif-cum-Judicial Magistrate, Sivagiri. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 05/03/2021 ========================== DECREE ========================== SA(MD). No.983 of 2011 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the passed in A.S. Nos.76 of 2010 by the Subordinate Judge, Sankarankovil confirming the Judgment and Decree passed by the District Munsif-cumJudicial Magistrate, Sivagiri in O.S. No.149 of 2007 etc., as stated within.

KMK(CO) TR(23.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2