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Madras High CourtSA(MD)/840/2014partly allowed

K.Vijayakumar, v. Sikkandhar Basha,

2021-06-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of June Two Thousand and Twenty One PRESENT:

The Hon'ble Mr.Justice G.R.SWAMINATHAN SA(MD)No.840 of 2014 K.VIJAYAKUMAR ... Appellant/Respondent/Defendant.

Vs SIKKANDHAR BASHA ... Respondent/Appellant/Plaintiff. Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the I Additional Sub Court, Trichy, dated 26/02/2014 made in Appeal Suit No.163 of 2013 preferred against the judgment and decree of the Principal District Munsif, Trichy, made in Original Suit No.1 of 2008, dated 19/04/2013. DECREE:-This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment 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.C.VAKEESWARAN, Advocate for the Appellant and of MR.P.

THIYAGARAJAN, Advocate for the Respondent, this Court while allowing the appeal in part with modification of the order passed by the first appellate court to the limited extent, doth order and decree as follows:- (1)that the Defendant be and hereby is directed to pay a sum of Rs.84,037.50/- (Rupees eighty four thousand thirty seven and Paise fifty only) together with interest at the rate of 6% per annum on the principal sum of Rs.75,000/- from the date of Plaint till the date of realization and (2)that there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.

TO

1. I Additional Sub Judge, Trichy.

2. Principal District Munsif, Trichy.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai(2 Copies). +1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-19291 dated 15/06/2021 ) +1 CC to M/s.P.THIYAGARAJAN, Advocate ( SR-19292 dated 15/06/2021 ) ORDER DATED : 14/06/2021 ========================== DECREE ========================== SA(MD)No.840 of 2014 Allowing the Second Appeal in part preferred against the judgment and decree of the I Additional Sub Court, Trichy, dated 26/02/2014 in Appeal Suit No.163 of 2013 against the judgment and decree of the Principal District Munsif, Trichy, in Original Suit No.1 of 2008, dated 19/04/2013 and etc., as stated within.

KB(17.11.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2