K.Jeyanthi, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Twenty Third day of June Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN T. RAJARAM, S/O. THALAIMUTHU AMBALAM, 5/579, OTBHAVEEDU @ , PUDUKKOTTAI, ANDARKOTTARAM POST, MADURAI , NORTH TALUK , MADURAI DIST .

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Appellant / Plaintiff Vs GOPAL @ GOPI (DIED) 1.GANGADHARAN,S/O. RAJU, DOOR NO.171, SAMMATTIPURAM MAIN ROAD, MADURAI TOWN., SANGILIAMMAL(DIED).

2 JAYA,W/O.AKKINI AMBALAM D/O.RAJU,DOOR NO.171,SAMMATTIPURAM MAIN ROAD,, MADURAI TOWN..

3 SUSILA W/O. KAKKAPPAN, SOORAKKUNDU VILLAGE, MELUR, TALUK, MADURAI DIST..

4 LALITHA W/O. SETHURAMAN, ANUMARPATTI, VANDIYUR,, MADURAI NORTH TALUK, MADURAI DIST.

PADMA (DIED).

5 AYYAMMAL W/O. RAVI, OOTHUKULI VILLAGE,, THENKARAI, VADIPPATTI TALUK, MADURAI DIST..

6 SUBBIAH S/O.PANDI AMBALAM,ANUMARPATTI,VANDIYUR,, MADURAI NORTH TALUK, MADURAI DIST.

7 MINOR ASHOK S/O. SUBBIAH, ANUMARPATTI, VANDIYUR, MADURAI, NORTH TALUK, MADURAI DIST.

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8 MINOR MALAVIKA D/O. SUBBIAH, ANUMARPATTI, VANDIYUR, MADURAI, NORTH TALUK, MADURAI DIST.

(MINORS REP THROUGH THEIR, FATHER AND GUARDIAN 6TH RESPONDENT ... Respondent / Defendants Prayer:- Appeal Suit filed under Section 96 of Civil Procedure Code r/w. Order 41 and 41-A of Civil Procedure Code against the Judgment and Decree in O.S. No.59 of 2008 dated 18.08.2016 on the file of the VI Additional District Court, Madurai.

/ / DECREE:- This Appeal Suit having come up for final hearing on this date, the order of the lower court and the material papers to the Appeal and upon hearing the arguments of Mr.K.K.RAMAKRISHNAN FOR J.ANANDKUMAR, Advocate for the Appellant and of Mrs.JESSI JEEVA PRIYA, Advocate for the first to fifth respondents and respondents states that the direction to refund the advance amount with interest as decreed by the trial court has been complied with, this Court doth order and decree as follows:-

(1) That the Judgment and Decree in O.S. No.59 of 2008 dated 18.08.2016 on the file of the VI Additional District Court, Madurai be and is hereby modified and the Appeal Suit is partly allowed.

(2) That the respondents to return the advance amount of Rs.5,00,000/- (Rupees Five Lakhs only) to Rajaram with interest at the rate of 18% per annum with effect from 01.01.2006,

(3) That the respondents be and hereby directed to deposit the additional amount will have to be paid in view of this decree now passed by this Court.

(4) That there be no costs in this Appeal Suit. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To THE VI ADDITIONAL DISTRICT JUDGE, MADURAI 2/3

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-19964 dt 23/06/2021 ) ORDER DATED : 23/06/2021 ========================== DECREE ========================== Nature of Decree:- Partly Allowing the Appeal Suit against the Judgment and Decree in O.S. No.59 of 2008 dated 18.08.2016 on the file of the learned VI Additional District Court,Madurai and etc., as stated therein RK (04.08.2021) 3P 5C 3/3