Madras High CourtSA(MD)/254/2015disposed of

J.Ramesh, v. Veeraiah Koodamudichan

2021-06-30Honourable Mr Justice A.A.Nakkiran2 pages

S.A.(MD)No.254 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN S.A.(MD)No.254 of 2015 J.Ramesh ... Appellant/Respondent/Plaintiff Vs.

1.Veeraiah Koodamudichan 2.Muthulakshmi

...Respondents/Appellants/Defendants

PRAYER: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree passed in A.S.No.49 of 2013 on the file of the Sub Court, Pudukottai dated 09.10.2014 by reversing the judgment and decree passed in O.S.No.310 of 2009 on the file of the District Munsif Court, Pudukottai dated 27.11.2012. For Appellants : Mr.D.R.Murugesan For Respondent : Mr.D.Rameshkumar

JUDGMENT

This second appeal has been filed to set aside the judgment and decree passed in A.S.No.49 of 2013 on the file of the Sub Court, Pudukottai, dated 09.10.2014, by reversing the judgment and decree passed in O.S.No.310 of 2009 on the file of the District Munsif Court, Pudukottai dated 27.11.2012.

2.Today, when the matter is taken up for hearing, the learned counsel for the respondents would submit that the respondents is ready to pay the advance sale consideration amount of Rs.50,000/- with accrued interest and cost of Rs.1,40,000/-(Rupess One Lakh Forty thousand only) in favour of the appellant herein within a period of three months from today and he has also filed an affidavit to that effect.

3.The learned counsel for the appellant has no objection for the same.

4.The affidavit filed by the learned counsel for the respondent is recorded. Accordingly, this Second Appeal is disposed of. If https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.254 of 2015 the respondents fail to pay the aforesaid amount with interest as mentioned in the affidavit, the appellant is at liberty to work out his remedy in accordance with law. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) msa/cp Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Subordinate Judge, Pudukottai District

2. The District Munsif Court, Pudukottai.

Copy to The Record Keeper,VR Section, Madurai Bench of Madras High Court, Madurai. (2 copies) S.A.(MD)No.254 of 2015 30.06.2021 kmk(CO) TR(13.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2