S.Sam Davidson v. Santhakumari

S.A. No.218 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty first day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice R. VIJAYAKUMAR S.A. No.218 of 2019 S.Sam Davidson rep. By the power Holder D.Suresh ... Appellant/Respondent/Plaintiff Vs Santhakumari ... Respondent/Appellant/Defendant Prayer:- This Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 13/08/2018 made in A.S. No.35 of 2014 on the file of the Principal District Judge, Kanyakumari dist. At Nagercovil reversing the judgment and decree dated 20/07/2012 made in O.S. No.115 of 2011 on the file of the Subordinate Court, Padmanabhapuram.

DECREE:- This Second Appeal coming on for hearing on Monday, the Fourteenth day of March Two Thousand and Twenty two; 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. M.P. Senthil, Advocate for the Appeallant and Mr. S. Ramakrishnan, Advocate for Mr. D. Christenson Jugunu, Advocate for the respondent; this Court having stood over for consideration till this date; while allowing this Appeal doth order and decree as follows:-

(1) That the judgment and decree dated 13/08/2018 made in A.S. No.35 of 2014 on the file of the Principal District Judge, Kanyakumari dist. At Nagercovil be and hereby is set aside;

(2) That the judgment and decree dated 20/07/2012 made in O.S. No.115 of 2011 on the file of the Subordinate Court, Padmanabhapuram be and hereby is restored; and

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

S.A. No.218 of 2019 To

1. The Principal District Judge, Kanyakumari district At Nagercovil.

2. The Subordinate Court, Padmanabhapuram.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies. +1CC to Mr.M.P.Senthil, Advocate in Sr.No.20691. +1CC to Mr.D.Christenson Jugunu, Advocate in Sr.No.20353. ORDER DATED 21.04.2022 =============================== DECREE =============================== S.A.(MD) No. 218 of 2019 Allowing the Second Appeal preferred against the judgment and decree dated 13/08/2018 made in A.S. No.35 of 2014 on the file of the Principal District Judge, Kanyakumari dist. At Nagercovil reversing the judgment and decree dated 20/07/2012 made in O.S. No.115 of 2011 on the file of the Subordinate Court, Padmanabhapuram etc., as stated within.

RS (31.05.2022) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2