Madras High CourtAS(MD)/4/2019partly allowed

Muthulakshmiammal, v. Chandran,

2022-03-16Honourable Ms Justice R.N.Manjula2 pages

AS(MD). No.4 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA AS(MD). No.4 of 2019 MUTHULAKSHMIAMMAL ... Appellant/Defendant Vs CHANDRAN ... Respondent/Plaintiff Prayer:- This Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 05.07.2018 made in O.S. No. 10 of 2016 on the file of the Additional District Judge(Fast Track Court), Palani, Dindigul District.

DECREE:- This Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment and decree of the Lower Appellate Court and the material papers in the Suit and upon hearing the arguments of MR.V.RAMAKRISHNAN, Advocate for the Appellant and of MR.J.LAWRENCE, Advocate for the respondent, while this appeal is allowed in part and doth order and decree as follows:-

(1) That the Judgment and Decree dated 05.07.2018 made in O.S. No. 10 of 2016 on the file of the Additional District Judge(Fast Track Court), Palani, Dindigul District be and hereby is modified;

(2) that the suit be and hereby decreed in respect of the alternate relief of refund of advance amount of Rs. 7,00,000/-(Rupees Seven lakhs only) to the respondent herein/Plaintiff with interest at the rate of 6% from the date of sale agreement till the date of realization;

(3) That the appellant herein/defendant shall pay the stamp duty and registration charges expenses suffered by the respondent herein/Plaintiff during the Execution proceedings within one month from the date of receipt of the copy of the Order and https://hcservices.ecourts.gov.in/hcservices/ 1/2

AS(MD). No.4 of 2019

(4) That there be no costs in this First Appeal. Sd/- Assistant Registrar (CS I) // True Copy // /06/2022 Sub Assistant Registrar(CS) To The Additional District Judge(Fast Track Court), Palani, Dindigul District.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.V.RAMAKRISHNAN, Advocate ( SR-12739 dated 17/03/2022 ) +1 CC to M/s.J.LAWRANCE, Advocate ( SR-12635 dated 17/03/2022 ) +1 CC to M/s.J.LAWRANCE, Advocate ( SR-13070 dated 18/03/2022 ) ORDER DATED : 16/03/2022 ========================== DECREE ========================== AS(MD). No.4 of 2019 Nature of Decree:- Partly Allowing the Appeal preferred against the judgment and decree dated 05.07.2018 made in O.S. No. 10 of 2016 on the file of the Additional District Judge (Fast Track Court), Palani, Dindigul District and etc., as stated within.

SS(23/06/2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2