Madras High CourtSA(MD)/549/2011allowed with costs

Sathappan Chettiar v. Parvathavarthini

2018-09-18Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE C.V.KARTHIKEYAN SA(MD) No.549 of 2011 1 SATHAPPAN CHETTIAR 2 UTHIRAM PILLAI, ... APPELLANTS Vs 1 PARVATHAVARTHINI 2 SUB REGISTRAR-I, DISTRICT REGISTRAR OFFICE, PALANI.

... RESPONDENTS PRAYER: This Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and Decree passed in A.S.No.4 of 2009 on the file of Subordinate Judge, Palani dated 15.09.2010 reversing the Judgment and Decree passed in O.s.No.258 of 1999 on the file of District Munsif Court, Palani dated 26.09.2008. DECREE: This Second Appeal coming for hearing on this day, upon perusing the Grounds, the Judgments and Decrees of the Trial Court and Lower Appellate Court in the presence of MR.M.P.SENTHIL, Advocate for the Appellants and of MRS.HEMA SAMPATH, Senior Counsel for MR.D.VENKATESH, Advocate for the first respondent and of MR.M.MURUGAN, Govt. Advocate for the second respondent, while allowing this Second Appeal, doth order and decree as follows:-

1. That the Judgment and decree in A.s.No.4 of 2009 passed by the Subordinate Judge, Palani, dated 15.09.2010 be and hereby is reversed and set aside and the judgment and decree passed in O.S.No.258 of 1999 by the District Munsif Court, Palani, dated 26.09.2008 be and hereby is confirmed;

2. That the respondents do pay a sum of Rs.2,760/-(Rupees Two Thousand Seven Hundred and Sixty only) to the Appellants towards costs incurred in this Second Appeal.

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MEMORANDUM OF COSTS SA(MD).549 OF 2011 RESPONDENTS( )COSTS Stamp for vakalatnama 10.00 Advocate's Fee on Rupees(750+10% OF 20,000) 2,750.00 Certify that Printing/Typing Charges (certified by AR(T & P)with regard to T & P nil Charges) To be paid by the respondents ------- 2,760.00 ------- To the Appellants Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-I) TO 1 THE SUBORDINATE JUDGE, PALANI.

2 THE DISTRICT MUNSIF, PALANI.

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

(2 copies) +1 CC To MR.M.P.SENTHIL, Advocate SR. NO.85105 +1 CC To MR.D.VENKATESH, Advocate SR. NO. 85123 +1 CC TO The Special Government Pleader SR.NO. 85210 ORDER DATED :18/09/2018 DECREE SA(MD) NO.549 OF 2011 ALLOWING THIS SECOND APPEAL ETC. AS STATED WITHIN.

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