Madras High CourtSA(MD)/430/2017allowed

Kesavan, S/O.Durairaj, v. Gothandaraman,

2018-02-16Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Sixteenth day of February Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR SA(MD) No.430 of 2017

1. Kesavan

2. Prabhavathi ... Appellants/Respondents/ Defendants Vs.

Gothandaraman ... Respondent/Appellant/ Plaintiff This Second Appeal is filed under Section 100 of C.P.C., praying to set aside the Judgment and Decree, dated 09.12.2016, made in A.S.No.113 of 2012 on the file of the Subordinate Court, Sivagangai, reversing the Judgment and Decree, dated 21.09.2012 made in O.S.No.129 of 2009 on the file of the District Munsif Court, Sivagangai.

DECREE: This Second Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the award of the Lower Court and the material papers in the appeal and upon hearing the arguments of Mr.S.Srinivasa Raghavan, Advocate for the Appellant and Mr.A.B.Natarajan, Advocate for the Respondents, while allowing this Appeal doth order and decree as follows:

i) that the Judgment and Decree, dated 09.12.2016, made in A.S.No.113 of 2012 on the file of the Subordinate Court, Sivagangai, are set aside and the Judgment and Decree, dated 21.09.2012 made in O.S.No.129 of 2009 on the file of the District Munsif Court, Sivagangai, are confirmed and the plaintiffs suit is dismissed and this Second Appeal is allowed:

ii) that there be no order as to costs in this Second Appeal. Schedule of Property vide separate sheet.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Subordinate Judge, Sivagangai.

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

2. The District Munsif, Sivagangai.

COPY TO The Record Keeper, V.R.Section,(2 copies) Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Srinivasa Raghavan , Advocate Sr.No.49625 +1cc to Mr.A.B.Natarajan, Advocate Sr.No.49454 SRM VB/RSK/SAR1/24.05.2018/2P/7C DATED :16/02/2018 DECREE SA(MD) No.430 of 2017 Nature of the Decree: Allowing this Second Appeal against the judgment and decree dated 09.12.2016, made in A.S.No.113 of 2012 on the file of the Subordinate Court, Sivagangai, reversing the Judgment and Decree, dated 21.09.2012 made in O.S.No.129 of 2009 on the file of the District Munsif Court, Sivagangai and as stated therein etc., https://hcservices.ecourts.gov.in/hcservices/