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Madras High CourtAS(MD)/37/2014dismissed

Muthukumar v. Annakamu

2022-01-11Honourable Mrs Justice S.Ananthi (Retd.)2 pages

AS(MD). No.37 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Eleventh day of January, Two Thousand and Twenty Two PRESENT The Honourable Mrs.Justice S.ANANTHI AS(MD). No.37 of 2014

1. Muthukumar

2. Kanchana

3. Suguna ... Appellants/Plaintiff Nos.1, 2 & 4 Vs

1. Annakamu

2. Kishore

3. Canara Bank, Rep. By its Manager, Thuraiyur Branch, Thuraiyur.

... Respondents 1 to 3/Defendants 1 to 3

4. Ranjana ... Respondent No.4/ Plaintiff No.3 Prayer :- Appeal Suit filed under Section 96 of Civil Procedure Code praying this Honourable Court to set aside the Judgment and Decree of the II Additional District Judge, Tiruchirappalli dated 30.08.2013 made in O.S. No.123 of 2010.

DECREE:

This Appeal Suit came up for final hearing on Monday, the Thirteenth day of December, Two Thousand and Twenty One, upon perusing the Memorandum of grounds of Appeal, upon perusing the Judgment and Decree of the Court below, upon perusing the material papers available to this case, and upon hearing the arguments of Mr.M.Kalyanasundaram, Senior Advocate for Mr.T.Padmanabhan, Counsel for Appellants, Mr.Raguvaran Gopalan, Advocate for Respondents 1 and 2, and of Mr.M.Beema Rao, Advocate for the 4th Respondent herein (the third respondent herein not appearing either in person or through Advocate), and having stood-over the matter for consideration till this date, this Court doth order and decree as follows:

1. That the Judgment and Decree dated 30.08.2013 made in O.S. No.123 of 2010 on the file of the II Additional District Court, Tiruchirappalli be and hereby is confirmed and the Appeal Suit is dismissed with costs;

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AS(MD). No.37 of 2014

2. And that the Appellants do pay a sum of Rs.16,660/- (Rupees Sixeen Thousand Six Hundred and Sixty only) to the Respondents 1 and 2 being the cost of the Appeal Suit.

MEMORANDUM OF COST

1. Stamp on Vakalat .. Rs. 10/-

2. Advocate Fees .. Rs.16,650/- -------------- Rs.16,660/- -------------- ( Counsel for Respondents 1 and 2 filed Memorandum of Costs in this Appeal Suit vide USR No.1989 dated 19.01.2022 ) Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl.: xerox copy of Schedule of Property TO The II Additional District Judge, Tiruchirappalli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai (2 copies) +1 CC to M/s.T.PADMANABHAN, Advocate, Copy Application SR.No.1171 dated 11/01/2022.

+1 CC to M/s.K.PRABHAKAR, Advocate, Copy Application SR.No.1125 dated 11/01/2022.

ORDER DATED : 11/01/2022 ========================== DECREE ========================== AS(MD). No.37 of 2014 Dismissing the Appeal Suit preferred against judgment and decree dt. 30.08.2013 made in O.S.

No.123 of 2010 on the file of the II Addl.

District Court, Tiruchirappalli etc. as stated within.

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