Madras High CourtSA(MD)/53/2014dismissed

Chenthil Ananth, v. C. Chandran,

2017-07-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twelfth day of July Two Thousand and Seventeen PRESENT The Hon`ble Mrs. Justice PUSHPA SATHYANARAYANA Second Appeal(MD) No.53 of 2014 I.CHENTHIL ANANTH ...APPELLANT/APPELLANT/DEFENDANT Vs C. CHANDRAN ... RESPONDENT/RESPONDENT/PLAINTIFF Second Appeal against the Judgment and Decree of the District Judge, Kanyakumari dated 11.02.2011 in Appeal Suit No.63 2007 confirming the Judgment and decree of the Principal Sub Judge, Nagercoil, Kanyakumari District, dated 29.07.2005 Made in O.S.No.42/2000. ORDER: This Second Appeal coming on for hearing on this day Upon perusing the Grounds of Appeal, the Judgment 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.T.

Lajapathi Roy, for the Appellant, and of Mr.C.Dhanaseelan, Advocate for the Respondent, this Court while dismissing the Second Appeal, doth order and decree as follows:- (i)that the Judgment and Decree of the District Judge, Nagercoil dated 11.02.2011 made in A.S.No.63 of 2007 confirming the Judgment and decree of the Principal sub Judge, Nagercoil, Kanyakumari District dated 29.07.2005 made in O.s.No.42 of 2000 be and hereby are confirmed and the second Appeal is dismissed.

(ii)that, as the Respondent herein/Plaintiff received sum of Rs.1,00,000/- (Rupees one lakhs only) by way of Demand Draft at the time of Admission of this Appeal, the Respondent herein/Plaintiff is entitled to only the balance of the amount with proportionate interest. (iii)that there be no costs in this Appeal.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The District Judge, Kanyakumari.

2.The Principal Sub Judge, Nagercoil, Kanyakumari District.

Copy to:- The Record Keeper,V.R.Section,Madurai Bench of Madras High Court, Madurai.

https://hcservices.ecourts.gov.in/hcservices/

+1cc to Mr.C.Dhanaseelan, Advocate,SR.64794 +1cc to Mr.T.Lajapathi roy, Advocate,SR.65573 DATED:12.07.2017 DECREE SA(MD).53 OF 2014 NATURE OF THE DECREE:

Dismissing the Second Appeal preferred against the Judgment and Decree of the District Court, Kanyakumari, dated 11.02.2011 made in A.S.No.63 of 2007 etc.

KK/MR KKR/SAR1-25.07.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/