This judgment is a Second Appeal allowing the appeal against the Second Appellate Court's order. The court set aside the lower appellate decree, confirming it, but simultaneously dismissed the underlying suit (O.S.No.5 of 1982), resulting in no costs.
The judgment and decree in A.S.No.162 of 2000 set aside; the suit in O.S.No.5 of 1982 dismissed.
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.859 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Seventh day of January Two Thousand and Twenty Two PRESENT
The Hon'ble Mr.Justice R. VIJAYAKUMAR
SA(MD). No.859 of 2005
.. Proposed Appellants
Vs
1 M.KAMALA AMMAL ..Respondent/Appellant/ Plaintiff
2 VELAYUDHAM ..Respondent/1st Respondent 1st Defendant.
Prayer:-
Second Appeal filed under Section 100 of C.P.C., against the judgment and decree made in A.S.No.162 of 2000 on the file of II Additional District Court, Tiruchirapalli dated 27.06.2001 reversing the judgment dismissing the suit filed in O,S.No.5 of 1982 on the file of District Munsif Court, Tiruchirapalli dated 28.04.2000.
DECREE:-
This Second Appeal coming up for hearing on Tuesday the Fourteen the day of December Two Thousand and Twenty One,, upon perusing the Grounds of Appeal, the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of M/S.P.THIRUMAHILMARAN FOR M/S.V.CHANDRASEKAR, Advocate for the Appellants and of M/S.RAGUVARAN GOPALAN FOR M/S.K.PRABHAKAR, Advocate for the respondent No.1 and none appeared for Respondent No.2,and having stood over for consideration till this day, this https://hcservices.ecourts.gov.in/hcservices/ court doth order and decree as follows:-
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SA(MD). No.859 of 2005
(1) That the Judgment and Decree in A.S.No.162 of 2000 on the file of II Additional District Court, Tiruchirapalli, dated 27.06.2001 be and hereby set aside is confirmed and the Second Appeal is Allowed.
(2) That the suit in O.S.No.5 of 1982 on the file of District Munsif Court, Tiruchirapalli,dated 28.04.2000 be and hereby is dismissed.
(3) that there be no costs in this Appeal.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Enclosed:- The copy of the Schedule of Property
TO
Copy to:
The Section Officer, V.R. Section,
Madurai Bench of Madras High Court, Madurai - 2 Copies
+1 CC to M/s.V.CHANDRASEKARAN, Advocate ( SR-696 dated 07/01/2022 )
ORDER DATED : 07/01/2022
========================== DECREE
========================== SA(MD). No.859 of 2005
Nature of Decree:-
Allowing this Second Appeal Preferred against the Judgement and Decree made in A.S.No.162 of 2000 on the file of the II Additional District Court,Tiruchirapalli dated 27.06.2001 reversing the judgement dismissing the suit filed in O.S.No.5 of 1982 on the file of the District Munsif Court, Tiruchirappalli dated
28.04.2000.
https://hcservices.ecourts.gov.in/hcservices/ RD/CK(03.02.2022) 2P 6C
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2 issues framed by the court
Whether the judgment and decree of the Second Appellate Court in A.S.No.162 of 2000 should be set aside in the Second Appeal.
Whether the suit in O.S.No.5 of 1982 should ultimately be dismissed.
1 provisions across 1 enactments
A.Ramalingam others
M.KAMALA AMMAL
VELAYUDHAM
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
