Madras High CourtSA(MD)/596/2021dismissed

P. Subbaiah, v. Correspondent,

2022-02-03Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Third day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN SA(MD). No.596 of 2021

1. P. SUBBAIAH,

2. Prasida ... Appellants/Respondents/Plaintiffs Vs 1 CORRESPONDENT, West Tirunelveli Higher Secondary School,, Nallur Village, Alangalum Taluk, Tirunelveli, District..

2 HEADMASTER, West Tirunelveli Higher Secondary School,, Nallur Village, Alangulam Taluk, Tirunelveli, District. ... Respondents/Appellants/Defendants Prayer:- Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 11/02/2021 made in Appeal Suit No.71 of 2019 on the file of the Principal Subordinate Judge, Tenkasi, reversing the Judgment and Decree dated 09/04/2019 made in Original Suit No.150 of 2015 on the file of the Additional District Munsif, Tenkasi.

DECREE:- This Second Appeal coming on for hearing on this day, 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.T.S.R.Venkat Ramana, Advocate for the Appellants and of Mr.H.Arumugam, Advocate for the Respondents and this Court while dismissing this Second Appeal doth order and decree as follows:-

(1) That the Judgment and decree dated 11.02.2021 made in A.S.NO.71 of 2019, on the file of Principal Sub Judge, Tenkasi,be and hereby is Confirmed and the Second Appeal is dismissed .

(2) That the defendants are directed to refund the School fees to https://hcservices.ecourts.gov.in/hcservices/ 1/2

the tune of Rs.4,600/- (Rs.Four Thousand and six hundred only ) to the Plaintiffs within a period of two months.

(3) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Principal Sub Judge, Tenkasi.

2.The Additional District Munsif , Tenkasi.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.T.S.R.VENKAT RAMANA, Advocate ( SR-4001 dated 03/02/2022 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-4353 dated 04/02/2022 ) ORDER DATED:03/02/2022 DECREE S.A.(MD).No.596 of 2021 While Dismissing this Second Appeal preferred against the Judgment and Decree dated 11/02/2021 made in Appeal Suit No.71 of 2019 on the file of the Principal Subordinate Judge,Tenkasi and reversing the Judgment and decree , dated 09/04/2019 made in Original Suit No.150/2015 on the file of the Additional District Munsif Judge, etc., as stated within.

KB(18.02.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2