Madras High CourtSA(MD)/750/2014partly allowed

M. Palaniappan(Died) v. G. Subramanian

2022-04-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.750 of 2014

1. M. PALANIAPPAN(DIED) .. Appellant/Appellant/Plaintiff

2. THIRUPURA SELVI

3. KALAIVANI

4. SENTHUR RAJA .. APPELLANTS (APPELLANTS 2 TO 4 ARE SUO MOTU IMPLEADED AS LRS OF THE DECEASED SOLE APPELLANT VIDE ORDER DATED 12/04/2022) Vs G. SUBRAMANIAN ... Respondent/Respondent/ Defendant Prayer :- Second Appeal filed under section 100 of the Civil Procedure Code, against the judgment and decree passed in AS NO.23 of 2012, dated 26/08/2013 on the file of the 1st Additional District Court, Madurai Confirming the judgment and decree passed in OS. NO.328 of 2007 dated 22/03/2012 on the file of the V Additional Sub Court, Madurai.

Decree:- This Second Appeal came up for hearing on this day, upon perusing the grounds of appeal, the judgment and decree 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.M.V.Venkataseshan, advocate for the appellants and of Mr.M.Vallinayagam, Senior Counsel for Mr.D.Nallathambi, advocate for the respondent, this court while allowing the Second Appeal in part doth order and decree as follows:- i) That the Respondent herein/Defendant be and hereby is directed to pay the appellants, the advance amount received under the suit agreement with 12% interest from the date of agreement till date of payment.

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ii) That the plaintiff, is also entitled to withdraw the balance sale consideration with accrued interest, if any. iii) That there be no costs in the Second Appeal. Sd/- Assistant Registrar (CS III) // True Copy // /06/2022 Sub Assistant Registrar(CS) TO

1. 1st Additional District Judge, Madurai.

2. The V Additional Subordinate Judge, Madurai.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.M.V. VENKATASESHAN, Advocate (SR-19684 dated 20/04/2022) ORDER DATED : 19/04/2022 ========================== DECREE ========================== SA(MD). No.750 of 2014 Partly Allowing the SA (MD) NO.750/2014 preferred against the judgment and decree passed in AS NO.23 of 2012, dated 26/08/2013 on the file of the 1st Additional District Court, Madurai Confirming the judgment and decree passed in OS. NO.328 of 2007 dated 22/03/2012 on the file of the V Addpitional Sub Court, Madurai, etc., as stated within.

MGJ(24.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/