Madras High CourtSA(MD)/870/2014allowed

R.Sundaravalli, v. R.Ramasamy,

2021-04-08Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD)No.870 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of April Two Thousand and Twenty One PRESENT:

The Hon'ble Mr.Justice G.R.SWAMINATHAN SA(MD)No.870 of 2014 R.SUNDARAVALLI ... Appellant/Respondent/Plaintiff. Vs R.RAMASAMY ... Respondent/Appellant/Defendant. Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Sub Court, Kovilpatti, dated 13/03/2014 made in Appeal Suit No.19 of 2012, reversing the judgment and decree of the District Munsif Court, Vilathikulam in Original Suit No.16 of 2005, dated 06/06/2011.

DECREE:-This Second Appeal coming on for hearing on this day, 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.A.ARUMUGAM FOR M/S.AJMAL ASSOCIATES, Advocate for the Appellant and of MR.M.SOLAISAMY, Advocate for the Respondent, this Court while allowing the appeal, doth order and decree as follows:-

(1) That the Judgment and Decree of the 1st Appellate Court Viz. Sub Court, Kovilpatti, dated 13/03/2014 made in Appeal Suit No.19 of 2012 be and hereby is reversed and the Judgment and Decree of the Trial Court be and hereby is restored; and

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Sub Judge, Kovilpatti.

2.The District Munsif, Vilathikulam.

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SA(MD)No.870 of 2014 Copy to:The Section Officer,V.R. Section, Madurai Bench of Madras High Court, Madurai(2 Copies) +1 CC to M/s.M.SOLAISAMY, Advocate ( SR-15735 dated 09/04/2021 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-15751 dated 09/04/2021 ) ORDER DATED : 08/04/2021 ========================== DECREE ========================== SA(MD). No.870 of 2014 Allowing the Second Appeal preferred against the judgment and decree of the Sub Court, Kovilpatti, dated 13/03/2014 made in Appeal Suit No.19 of 2012, reversing the judgment and decree of the District Munsif Court, Vilathikulam in Original Suit No.16 of 2005, dated 06/06/2011 and etc., as stated within.

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