Thomas, v. Elias @ Rajan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice R. VIJAYAKUMAR THOMAS ... Appellant/Appellant/Plaintiff Vs 1 ELIAS @ RAJAN 2 RENJITH ... Respondents/Respondents/Defendants Prayer:- Second Appeal filed under section 100 C.P.C., against the judgment and decree dated 14.12.2018 in A.S.No.67 of 2014 on the file of the Sub Court, Kuzhithurai reversing the judgment and decree dated 20.03.2014 in O.S.No.2 of 2012 on the file of the I Additional District Munsif, Kuzhithurai.

DECREE:- This Second Appeal coming on for hearing on Friday, the Eleventh 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. G.SRIDHARAN, Advocate for the Appeallant and of MR.G.RAMANATHAN, Advocate for the respondents,and having stood over for consideration till this date this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 14.12.2018 in A.S.No.67 of 2014 on the file of the Sub Court, Kuzhithurai reversing the judgment and decree dated 20.03.2014 in O.S.No.2 of 2012 on the file of the I Additional District Munsif, Kuzhithurai be and hereby are setaside and this second appeal is allowed;

(2) That the suit in O.S.No.2 of 2012 on the file of the I Additional District Munsif, Kuzhithurai be and hereby is decreed as prayed for,

(3) That there be no costs in this Appeal.

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Schedule properties Kanyakumari - District Marthandam - Reg.Dist.

Kollamcode - Reg.sub.District Vilavancode `- Taluk Kulappuram - Village Athamcode - Desom - Old Sy.No.

518/1A - Re.Sy.No.

..

- Acre About 1 cent - Cents Description of property:

House bearing Door No.11/59 of Methukummal panchayat situate on the south-western extrimity of a plot of 121⁄2 cents comprised in Old.Sy.No.1698 correlate to Re.Sy.No.518/1A of former Methukummal Village and present Kulappuram Village.

Boundaries:

Property of Ponnamperumal Nadar West Property of Plaintiff North Property of Plaintiff East Property of Muth Nadar South Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Sub Judge, Kuzhithurai.

2. The I Additional District Munsif, Kuzhithurai. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.G.SRIDHARAN, Advocate ( SR-11774 dated 14/03/2022 ) 2/3

ORDER DATED : 14/03/2022 ========================== DECREE ========================== Nature of Decree:- Allowing the Second Appeal preferred against the dated 14.12.2018 in A.S.No.67 of 2014 on the file of the Sub court, Kuzhithurai reversing the judgment and decree dated 20.03.2014 in O.S.No.2 of 2012 on the file of the I Additional District Munsif, Kuzhithurai and etc., as stated within.

RD(29.03.2022) 3P 6C 3/3