Madras High CourtSA(MD)/1282/2006partly allowed

Dhanushkodi v. N.Narayana Pillai

2021-10-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of October Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.1282 of 2006 DHANUSHKODI, ... Appellant/Respondent/Defendant Vs N.NARAYANA PILLAI ... Respondent/Appellant/Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal Sub Court, Tiruchirapalli, dated 28.06.2006 made in Appeal Suit No.243 of 2003, reversing the judgment and decree of the I Additional District Munsif Court, Tiruchirapalli made in Original Suit No. 2870 of 1992 dated 20.08.2003.

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.P.THIAGARAJAN, Advocate for the Appellant and of Mrs.S.S.PRABHASHINI, advocate for Mr.Ravindran Advocate for the respondent, this Court while allowing the Appeal in part, doth order and decree as follows:-

(1) That the Plaintiff be and hereby is entitled to decree of permanent injuction in respect of 2.50 cents of land under Ex.A 27 covering the house portion,

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (Cs-II) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

TO 1.The Principal Sub Judge, Tiruchirapalli, 2.The I Additional District Munsif, Tiruchirapalli Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.P.THIYAGARAJAN, Advocate ( SR-32599[F] dated 26/10/2021 ) ORDER DATED : 22/10/2021 ========================== DECREE ========================== SA(MD). No.1282 of 2006 Nature of Decree:- Allowing the Second Appeal preferred against the judgment and decree of the Principal Sub Court, Tiruchirapalli, dated 28.06.2006 made in Appeal Suit No.243 of 2003, reversing the judgment and decree of the I Additional District Munsif Court, Tiruchirapalli made in Original Suit No. 2870 of 1992 dated 20.08.2003 and etc as stated within.

KB(16.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2