The Madras High Court dismissed the second appeal filed under Section 100 CPC, confirming the lower appellate court's judgment and decree. The court awarded costs of Rs.1000 to the respondent.
Judgment and decree dated 18.08.2008 confirmed; Second Appeal dismissed. Costs of Rs.1000 awarded to Respondent No.2.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty Second day of September Two Thousand Sixteen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
SA(MD) No.219 of 2016
Sivasubiramaniyampillai : Appellant/Appellant/ 1st Defendant
Vs. 1.Jothimani : 1st Respondent/Plaintiff/ 1st Respondent
2.Rajalakshmi 2nd Respondent/2nd Respondent/ 2nd Defendant
This Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 against the Judgment and decree dated 18.08.2008 in A.S.No.164 of 2007 on the file of the Principal Sub-Court, Trichy confirmed the Judgment and Decree dated 20.01.2007 in O.S.No.148 of 2003 on the file of the District Munsif Court, Musiri.
DECREE : This Second Appel coming on for hearing on this day, upon perusing the Grounds of Appeal, the Judgment ad Decree of the Lower Appellate Court and the Court of First instance and the materila papers in the suit and upon hearing the arguments of Mr.D.Shanmuga Raja Sethupathi, Advocate for the Appellant and Mr.K.Sekar advocate for the Respondent NO.2 this Court doth order and decree as follows:
Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/
gsr To
2.The District Munsif Court, Musiri,
+1CC to Mr.D.Shanmuga Raja Sethupathi, Advocate Sr.No.54866 +1CC to Mr.K.Sekar, Advocate Sr.No.54875
Copy To : The Section Officer,
V.R.Sectiion,
Madurai Bench of Madras High Court, Madurai.
Gjm/SS2/19.12.16-2p-6c
DECREE
IN
SA(MD) No.219 of 2016
Date :22/09/2016
Nature of the DECREE : Dismissing the Second Appeal preferred against the Judgment and Decree passed by the Principal Sub Court, Trichy made in Appeal Suit No.164 of 2007 dated 20.01.2007 and etc as stated within.
1 issue framed by the court
Whether the second appeal filed under Section 100 CPC should be allowed or dismissed.
1 provisions across 1 enactments
Sivasubiramaniyampillai
Jothimani
Rajalakshmi
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
