In this Second Appeal, Justice A.D. Jagadish Chandira of the Madurai Bench, Madras High Court, dismissed the appeal filed under Section 100 of the CPC against judgments and decrees of lower civil courts concerning property or contractual disputes, holding no costs.
Second Appeal dismissed; no costs.
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.
SA(MD). No.456 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Twenty second day of October Two Thousand and Twenty One PRESENT
The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
SA(MD). No.456 of 2021
M.CHOCKALINGAM ... Appellant/Appellant/1st Defendant
Vs
1.LEO FELIX LOUIS ... Respondent/Respondent/Plaintiff 2.K.MOHANRAJ ... Respondent/Respondent/2nd Defendant
Prayer:-
Second Appeal filed under Section 100 of C.P.C., against to set aside the Judgment and decree dated 09.09.2020 passed in A.S.No.5 of 2016 on the file Learned the Principal District Judge, Pudukottai confirming the Judgment and decree dated 24.11.2014 passed in O.S.No.106 of 2007 on the file of the Principal Subordinate Court, Pudukkottai.
DECREE:-
This Second Appeal coming on for hearing on Thursday, Seventh day of October Two thousand and twenty one, under the provisions of Rule II of Order XLI of Schedule I of the Code of Civil Procedure 1908, upon perusing the Grounds of Appeal and the judgments and decrees of the Lower Appellate Court and the Court of First Instance and upon hearing the arguments of Mr.K.Baalasundharam, Advocate for the Appellant, and Mr.C.Vakeeswaran, Advocate for first respondent/Caveator, and having stood over for consideration till this date, it is ordered and decreed that this Second Appeal be and hereby is dismissed and that there be no costs.
Assistant Registrar (CS I)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
To
1.The Principal District Judge, Pudukkottai.
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SA(MD). No.456 of 2021
2.The Principal Subordinate Judge, Pudukottai
+1 CC to M/s.K.Baalasundharam, Advocate (SR-32309 dated 22/10/2021)
+1 CC to M/s.C.Vakeeswaran, Advocate (SR No.32200 dated 22/10/2021)
ORDER DATED : 22/10/2021 ========================== DECREE ==========================
SA(MD). No.456 of 2021
Nature of Decree:- Dismissing the Second Appeal preferred against to set aside the Judgment and decree dated 09.09.2020 passed in A.S. No.5 of 2016 on the file Learned the Principal District Court, Pudukottai confirming the Judgment and decree dated 24.11.2014 passed in O.S. No.106 of 2007 on the file of the Principal Subordinate Judge, Pudukottai and etc., as stated within.
KMK(CO) RS/SKN (17.11.2021) 2P 5C
2/2
1 issue framed by the court
Whether the Second Appeal filed by the Appellant under Section 100 of the Code of Civil Procedure is maintainable and deserves success.
2 provisions across 1 enactments
M.CHOCKALINGAM
LEO FELIX LOUIS
K.MOHANRAJ
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
