Madras High CourtSA(MD)/284/2015allowed

M.Kumar, v. V. Balan

2021-02-17Honourable Mr Justice R. Subramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventeenth day of February Two Thousand Twenty One PRESENT The Hon'ble Mr.Justice R.SUBRAMANIAN SA(MD). No.284 of 2015 M.KUMAR ... Appellant/Respondent/Defendant Vs V. BALAN ... Respondent/Appellant/Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal Subordinate Judge, Thanjavur, dated 23.09.2014 made in A.S.No.39 of 2013, reversing the well considered finding of the judgment and decree of the District Munsif, Thanjavur, dated 23.07.2013 made in O.S.No. 246 of 2008. 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.M.SIDDHARTHAN, Advocate for the Appellant and of MR.D.SRIDHARAN, Advocate for MR.P.VELMURUGAN, Advocate for the respondent, while allowing this second appeal this Court doth order and decree as follows:-

(1) That the Judgment and Decree of the Principal Subordinate Judge, Thanjavur, dated 23.09.2014 made in A.S.No.39 of 2013 be and hereby is set aside and the judgment and decree of the District Munsif, Thanjavur, dated 23.07.2013 made in O.S.No. 246 of 2008 be and hereby is restored;

(2)That the Respondent/ Plaintiff shall withdraw the amount of Rs.10,000/-(Rupees Ten Thousand Only) deposited before Trial Court along with accrued interest, if any; and

(3) That there be no costs in this Appeal.

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Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1 The Principal Subordinate Judge, Thanjavur.

2 The District Munsif, Thanjavur 2/3

copy to The Section Officer,V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.P.VELMURUGAN, Advocate ( SR-5803 dated 17/02/2021 ) ORDER DATED : 17/02/2021 ========================== DECREE ========================== SA(MD). No.284 of 2015 Nature of Decree:- Allowing the Second Appeal preferred against the judgment and decree of the Principal Subordinate Judge, Thanjavur, dated 23.09.2014 made in A.S.No.39 of 2013, and restoring finding of the judgment and decree of the District Munsif, Thanjavur, dated 23.07.2013 made in O.S.No. 246 of 2008 etc., as stated within.

mj(CO) TR(19.03.2021) 3P 6C 3/3