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Madras High CourtSA(MD)/515/2015allowed

Ganesan v. Manickam

2022-02-25Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Twenty Fifth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI SA(MD). No.515 of 2015

1. GANESAN, S/O. MUTHU MARATHUR VILLAGE SIVAGANGAI TK, SIVAGANGAI DIST

2. VEERAMAKALI W/o.Ganesan, Marathur Villlage, Sivagangai Taluk, Sivagangai District ...

Appellants /Appellants/Defendants Vs 1 MANICKAM S/O. MUTHU, MARATHUR VILLAGE, SIVAGANGAI TK,, SIVAGANGAI DIST ... Respondent / Respondent/Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 22.04.2015, passed in A.S. No.73 of 2013 on the file of the Subordinate Judge, Sivagangai confirming the Judgment and Decree dated 05.03.2013 passed in O.S. No.101 of 2010 on the file of the District Munsif, Sivagangai. DECREE:- This Second Appeal coming on for hearing on Wednesday, the sixteenth day of February Two thousand and twenty two, 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 M/s.J.ANANDHAVALLI, Advocate for the Appellants and of Mr.D.P.SUNDARARAJ, Advocate for the respondent, and having stood over for consideration till this date, this Court doth order and decree as follows:-

(1) That the judgment and decree dated 22.04.2015, passed in A.S. No.73 of 2013 on the file of the Subordinate Judge, Sivagangai confirming the Judgment and Decree dated 05.03.2013 passed in O.S. No.101 of 2010 on the file of the District Munsif, Sivagangai be and are hereby set aside and the Second Appeal is allowed.

(2) That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

To

1) The Subordinate Judge, Sivagangai

2) The District Munsif, Sivagangai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.J.ANANDHAVALLI, Advocate ( SR-8641 dated 25/02/2022 ) ORDER DATED : 25/02/2022 ========================== DECREE ========================== SA(MD). No.515 of 2015 Nature of Decree:- Allowing the Second Appeal preferred against the judgment and decree, dated 22.04.2015 passed in A.S.No.73 of 2013, on the file of the Subordinate Judge, Sivagangai confirming the Judgment and Decree, dated 05.03.2013 passed in O.S.No.101 of 2010, on the file of the District Munsif, Sivagangai etc., as stated within.

MGJ(10.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/