The Madurai Bench of the Madras High Court dismissed a Second Appeal filed under Section 100 of the CPC, confirming the judgment and decree of the Appellate Court, Tuticorin, which had reversed a decree in favor of the plaintiff.
The judgment and decree of the Appellate Court, Tuticorin dated 15.12.2004 are confirmed. Second Appeal is dismissed. No costs.
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SA(MD). No.410 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction)
Friday, the Twenty Eighth day of January Two Thousand Twenty Two
PRESENT:
The Hon`ble Mr.Justice R. VIJAYAKUMAR
SA(MD). No.410 of 2005
Vs
MUTHIAH NADAR .. Respondent/Appellant/Plaintiff
Prayer :-
This Second Appeal filed under Section 100 of the C P C., against the Judgment and Decree dated 15.12.2004, made in A.S. No.32 of 2003 on the file of Appellated Court/Subordinate Court, Tuticorin in reversing the Judgment and Decree dated 12.12.2002 made in O.S. No.42 of 2002 on the file of the District Munsif, Srivaikuntam.
DECREE:-
This Second Appeal coming on for hearing on Thursday the Sixth day of January, Two Thousand Twenty two (06.01.2022) 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.R.DEVARAJ , Advocate for the Appellants and of Mr.M.P.SENTHIL, Advocate for Respondent having stood over for consideration till this day and this Court while dismissing this Second Appeal doth order and decree as follows:-
(i) that the judgment and decree of the Appellate Court/Subordinate Court, Tuticorin made in A.S. No.32 of 2003 dated 15.12.2004 be and hereby is confirmed and the Second Appeal is dismissed and ;
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SA(MD). No.410 of 2005
(ii) that there be no costs in this Second Appeal. Sd/-
Assistant Registrar (CS-II) // True Copy //
/ /2022 Sub Assistant Registrar(CS)
TO
1.The Judge, Appellate Court/Subordinate Court, Tuticorin.
2.The District Munisif, Srivaikuntam.
Copy to:
The Record Keeper,
V.R. Section, Madurai Bench of Madras High Court, Madurai(2 copies)
+1 CC to M/s.R.DEVARAJ, Advocate ( SR-2737 dated 28/01/2022 )
+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-2865 dated 28/01/2022 )
ORDER DATED : 28/01/2022 ========================== DECREE ========================== SA(MD). No.410 of 2005
Dismissing the SA(MD). No.410 of 2005 preferred against judgment and decree of the Appellate Court/Subordinate Court, Tuticorin made in A.S. No.32 of 2003 dated 15.12.2004, in reversing the well Considred Judgment and Decree dated 12.12.2002, made in O.S. No.42 of 2002 on the file of the District Munisif Courtm Srivaikuntam etc. as stated within.
RK(18/02/2022) 2P 7C
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1 issue framed by the court
Whether the Second Appeal under Section 100 of the CPC should be allowed to disturb the judgment of the lower appellate court.
1 provisions across 1 enactments
Arumuga Nadar
Ponraj
Perumal Nadar
Muthammal
Lingaraj
Muthiah Nadar
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
