Madras High CourtSA(MD)/1036/2011allowed

S.T.Raj @ Thankaraj v. Sundaresan

2016-12-09Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Nineth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR SA(MD) No.1036 of 2011 S.T.RAJ @ THANKARAJ ... APPELLANT/APPELLANT/DEFENDANT Vs SUNDARESAN ... RESPONDENT/RESPONDENT/PLAINTIFF PRAYER:- Second Appeal is filed O/S/100 of CPC against the Judgement and decree dated 14/07/2011 passed by the District Judge, Kanyakumari at Nagercoil made in A.S.NO.64/2007 Confirming the Judgement and decree dated 26/04/2007 passed by the Subordinate Judge, Kuzhithurai in O.S.34/2002.

ORDER : This Second Appeal coming on for hearing on the day upon perusing the grounds of Appeal, the order of the Lower Court, and material papers relating to the case and upon hearing the arguments of Mr. K.N.Thampi, Advocate for the appellant and Mr. D.Srinivasa Raghavan, Advocate for the respondent, this Court doth the decree and order as follows:- (i)that the Judgement and decree dated 14/07/2011 passed by the District Judge, Kanyakumari at Nagercoil made in A.S.64/2007, Confirming the Judgement and decreee dated 26/04/2007 passed by the Subordinate Judge Kanyakumari made in OS 34/2002 , are hereby Set Order on the appeal herein and the Second appeal is allowed; (ii)that the suit in O.S.34/2002 on the file of the Sub Court, Kuzhithurai dated 26.04.2007 be and hereby stands dismissed. (iii)that there shall be no cost in the Second Appeal herein. sd/- 09/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE DISTRICT COURT, KANYAKUMARI AT NAGERCOIL.

2.THE SUB COURT, KUZHITHURAI.

COPY TO:

THE SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.K.N.THAMPI Advocate SR.No.80390 +1 cc to Mr. D.SRINIVASA RAGHAVAN, Advocate, Sr.No: 80408 MAS/PM-PN:06.02.2017:2P/6C ORDER DATED 09/12/2016 DECREE SA(MD) No.1036 of 2011 Date :09/12/2016 Nature of DECREE: Allowing the appeal by setting aside the Judgement and decree dated 14/07/2011 passed by District Judge, Kanyakumari at Nagercoil in As 64/2007, Confirming the Judgement and decree dated26/04/2007 passed by the Subordinate Judge, Kuzhithurai in O.S34/2002 https://hcservices.ecourts.gov.in/hcservices/