Allowed

Vijayarani v. Durai @ Palaniyandi

Madras HC9 Jun 2022SA(MD)/836/2010

Case brief

AI extract

What is this about?

This is a concise Second Appeal order where the High Court, after hearing arguments for one side and noting the absence of others, set aside a lower appellate decree and restored the prior first-instance decree without detailed reasoning.

What did the court decide?

The judgment and decree dated 04.12.2009 of the Subordinate Judge were set aside, and the judgment and decree dated 26.10.2007 of the District Munsif were restored.

Vijayarani Vs Durai @ Palaniyandi — Civil Procedure and Limitation | Madras HC (2022)

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SA(MD)No.836 of 2010

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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(Civil Appellate Jurisdiction)

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Thursday, the Ninth day of June Two Thousand and Twenty Two

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PRESENT

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The Hon`ble Mr.Justice N.SESHASAYEE

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SA(MD)No.836 of 2010

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VIJAYARANI ... APPELLANT/RESPONDENT/PLAINTIFF

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1.DURAI @ PALANIYANDI 2.MUTHAIAH (DIED) 3.RENGASAMY 4.ILANGO ... RESPONDENTS 1 TO 4/APPELLANTS/ DEFENDANTS

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5.MANANJAI 6.SARATHAM

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7.CHINNAPONNU

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8.ANJALAI

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... RESPONDENTS 5 TO 8

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(R5 TO 8 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 2ND RESPONDENT VIDE COURT ORDER DT.10.02.22 IN CMP(MD)NOS.3524 TO 3526/19)

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Prayer :- Second Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree in A.S.No.147 of 2008 on the file of Sub Court, Pudukkottai dated 04.12.2009 reversing the judgment and decree in O.S.No194 of 2006 on the file of District Munsif Court, Pudukkottai dated 26.10.2007.

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Decree: This Second Appeal came up for hearing on day, upon perusing the Grounds of Appeal, the Judgment and Decree of the Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of Mr.K.Baalasundharam, Advocate for the Appellants Mr.A.Arumugam, Advocate, M/S.Ajmal Associates for the 1^st & 3^rd Respondents and 6^th to 8^th Respondent not appeared either in person or by Advocate, this Court doth order and decree as follows:-

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i)That, the Judgment and decree dated 04.12.2009 passed in A.S.No.147 of 2008 on the file of the Subordinate Judge, Pudukkottai be and hereby set aside and this Second Appeal is Allowed;

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https://hcservices.ecourts.gov.in/hcservices/

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1/2

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SA(MD)No.836 of 2010

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ii) that, the Judgment and decree dated 26.10.2007 passed in O.S.No.194 of 2006 on the file of the District Munsif, Pudukkottai, be and hereby restored and

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iii)that, there be no costs in this Second Appeal.

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Assistant Registrar (CS III)

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// True Copy //

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/06/2022 Sub Assistant Registrar(CS)

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ENCL: Xerox of Schedule of Property

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1.The Subordinate Judge, Pudukkottai.

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2.The Principal District Munsif, Pudukkottai.

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Copy to:

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The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES)

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+1 CC to M/s.AJMAL ASSOCIATES, Advocate, SR.No.25013

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ORDER DATED : 09/06/2022 ========================== DECREE

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==========================

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SA(MD)No.836 of 2010

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Nature of Decree:-Allowing the Second Appealpreferred against Judgment and Decree of the Subordinate Judge, Pudukkottai, passed in A.S.No.147 of 2008 dated 04.12.2009 and preferred against the Judgment and Decree of the District Munsif, Pudukkottai, passed in O.S.No.194 of 2006, dated 26.10.2007 etc.,as stated within.

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SS(27/06/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/

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Vijayarani v. Durai @ Palaniyandi

Case brief

What is this about?

What did the court decide?

Vijayarani v. Durai @ Palaniyandi

Case brief

What is this about?

What did the court decide?

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