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Madras High CourtSA(MD)/301/2015allowed

Yacoob Ghan v. Jaiboob Bibi,

2022-06-08Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI SA(MD). No.301 of 2015 YACOOB GHAN ... Appellant/Respondent/Plaintiff Vs 1 JAIBOON BIBI 2 PARVEEN ... Respondents/Appellants/Defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Subordinate Judge, Kulithalai, dated 15.09.2014 made in A.S.No.33 of 2012, reversing the judgment and decree of the District Munsif Court, Kulithalai, dated 06.07.2012 made in O.S.No.142 of 2007.

DECREE: This Appeal coming on for hearing on Monday, the Fourteenth day of March, Two Thousand and Twenty Two, upon perusing the Grounds of Appeal, the Judgment and Decree of the of the Lower Appellate Court and the court of first instance and the material papers to this Appeal and upon hearing the arguments of Mr.A.N.Ramanathan, Advocate for the Appellant, and of Mr.K.Govindarajan Advocate for the Respondents and this matter having stood over for consideration till this day, this court, while Allowing this Appeal, doth order and decree as follows: (i)that the judgment and decree of the Subordinate Judge, Kulithalai, dated 15.09.2014 made in A.S.No.33 of 2012 be and hereby is set aside;

(ii)that the judgment and decree of the District Munsif Court, Kulithalai, dated 06.07.2012 made in O.S.No.142 of 2007 be and hereby is confirmed;

(iii) that there be no costs in this Second Appeal Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

TO

1. The Subordinate Judge Kulithalai.

2. The District Munsif Court, Kulithalai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.AN.RAMANATHAN, Advocate ( SR-24527 /2022 ) +1 CC to Mr.K.GOVINDARAJAN, Advocate ( SR-25226 /2022 ) ORDER DATED:08/06/2022 DECREE S.A.(MD)No.301 of 2015 Allowing this Second Appeal preferred as against the Judgment and Decree dated 15/09/2014 made in Appeal Suit No.33 of 2012 on the file of the Subordinate Judge, Kulithalai, and revering the judgment and decree of the District Munsif Court, Kulithalai, dated 06.07.2012 made in O.S.No.142 of 2007 etc., as stated within.

KB(27.06.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2