Johnraj, v. Subramaniya Nadar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Third day of April Two Thousand and Fifteen PRESENT THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR Second Appeal (MD) No.613 of 2014 Johnraj ...Appellant/Appellant/Plaintiff Vs.

Subramaniya Nadar ... Respondent/Respondent/Defendant Second Appeal filed under Section 100 C.P.C against the judgment and decree in A.S.No.33 of 2013, dated 03.01.2014 on the file of the Sub Court, Padmanabhapuram confirming the judgment and decree passed in O.S.No.198 of 2007, dated 27.06.2013 on the file of the Principal District Munsif cum Judicial Magistrate, Eraniel. DECREE: This Appeal coming on for hearing on this day, upon perusing the grounds of Appeal and Judgments and Decrees of the Lower Appellate Court and the Court and the Court of first instance and upon hearing the arguments of Mr.K.P.Narayanakumar, Advocate for Appellant and of Mr.H.Thayumanaswamy, Advocate for Respondent, this Court while allowing the Appeal, doth Order and Decree as follows:- 1)That the Judgment and Decree of the Principal District Munsif-cum-Judicial Magistrate, Eraniel, dated 27/6/13 made in O.S.No.198/2007 as confirmed by the Decree of the Subordinate Judge, Padmanabhapuram dated 3/1/2014 made in A.S.No.33 of 2013 be and are hereby set aside

2) That, the Suit in O.S.No.198 of 2007 on the file of the Principal District Munsif -cum- Judicial Magistrate, Eraniel shall stand allowed and the appellant herein/Plaintiff is granted a decree for the relief of specific performance as prayed for ;

3) That the Respondent herein/defendant shall execute the sale deed infavour of the Appellant herein/Plaintiff on receipt of the balance sale consideration amount of Rs.35,150/- (Rupees thirty five thousand one hundred and fifty only) within two months time from this date . If the Respondent herein/defendant fails to execute the Sale deed, the Sale deed shall be executed infavour of the Appellant herein/Plaintiff through this Court on deposit of balance amount of Rs.35,150/- (Rupees Thirty Five Thousand one hundred and fifty only) and https://hcservices.ecourts.gov.in/hcservices/

4) That there be no costs in this Second Appeal. Sd/- Assistant RegistrarI(Per.Admn) /True Copy/ Sub-Assistant Registrar To 1.The Subordinate Judge, Padmanabhapuram.

2.The Principal District Munsif cum Judicial Magistrate, Eraniel +One cc to Mr.K.P.Narayanakumar, Advocate, SR.No.21815 +One cc to Mr.H.Thayumanaswamy, Advocate, SR.No.21783 Copy to: The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai sms RL/6c - 17/6/2015 Dated : 23.04.2015 DECREE Second Appeal (MD) No.613 of 2014 NATURE OF DECREE : Allowing the Appeal preferred against the Judgment and Decree dated 3/1/14 in A.S.No.33/13 on the file of Subordinate Court, Padmanabhapuram and etc as stated within https://hcservices.ecourts.gov.in/hcservices/