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Madras High CourtSA(MD)/485/2014partly allowed

M/S.Divya Advertisers, v. Tn State Transport Corpn.Ltd.,

2021-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.485 of 2014 M/S.DIVYA ADVERTISERS,, THROUGH ITS PARTNER, VEERABGU ... Appellants/Appellants/Defendants Vs TN STATE TRANSPORT CORPN.LTD (MADURAI DIVISION), THROUGH ITS MANAGING DIRECTOR, BYE-PASS ROAD, MADURAI-625 010.

... Respondent/Respondent/Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Additional District Judge,(Fast Tracak Court No.III),Madurai dated 22.12.2011 made in Appeal Suit No.9 of 2010, partially reversing the judgment and decree of the court of the II Additional Subordinate Judge, Madurai made in Original Suit No.791 of 2003 dated 30.09.2009. DECREE:- This Second Appeal coming on for hearing on this date, 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.J.BARATHAN, Advocate for the Appellant and of Mr.P.PRABHAKARAN, Advocate for the respondent, this Court doth order and decree as follows:-

(1) That the Judgment and Decree of the II Additional Subordinate Judge, Madurai is modified as to the direction to pay the cost to the plaintiff is deleted and the second appeal is partly allowed.

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

TO

1. II Additional Subordinate Judge, Madurai

2. The Additional District Judge, (Fast Tracak Court No.III),Madurai Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-18140 dated 30/04/2021 ) ORDER DATED : 29/04/2021 ========================== DECREE ========================== SA(MD). No.485 of 2014 Nature of Decree:-Allowing the Second Appeal in part preferred the judgment and decree of the Additional District Judge,(Fast Tracak Court No.III),Madurai dated 22.12.2011 made in Appeal Suit No.9 of 2010, partially reversing the judgment and decree of the court of the II Additional Subordinate Judge, Madurai made in Original Suit No.791 of 2003 dated 30.09.2009.

KB(29.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/