The Madurai Bench dismissed the second appeal filed under Section 100 CPC against the principal sub judge's judgment. The court confirmed the first appellate judgment and decree and dismissed the second appeal. No costs were awarded.
The judgment and decree of the Principal Sub Judge dated 28.07.2010 are confirmed; Second Appeal is 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.911 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
SA(MD). No.911 of 2010
3 Church of South India,
rep. by Appellants 1 & 2, Ettamadai, Azhagiapandipuram Post & Village, Thovalai Taluk, Kanyakumari District.
...Appellants/Respondents 2 to 4/
Defendants 2 to 4
Vs
Prayer:-
Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal Sub Judge, Nagercoil, Kanyakumari District, dated 28.07.2010 made in Appeal Suit No.112 of 2007, reversing the judgment and decree of the Court of the I Additional District Munsif, Nagercoil, Kanyakumari District made in Original Suit No. 388 of 2004 dated 15.06.2007.
DECREE:-
This Second Appeal coming on for hearing on this dat, 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 Mr.PUHAZH GANDHI, Advocate for the Appellant and of Mr.MADHAVAN for Mr.K.SUNDARAVEL, Advocate for the 1st Respondent and the 2nd Respondent not appeared either appeared in person or by an Advocate, this Court doth order and decree as follows:-
(1) That the Judgment and Decree of the 1st Appellate Court Viz., the Principal Sub Judge, Nagercoil, Kanyakumari District, dated 28.07.2010 made in Appeal Suit No.112 of 2007, reversing the judgment and decree of the Court of the I Additional District https://hcservices.ecourts.gov.in/hcservices/
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SA(MD). No.911 of 2010
Munsif, Nagercoil, Kanyakumari District made in Original Suit No. 388 of 2004 dated 15.06.2007 be and hereby are confirmed and this Second Appeal is dismissed and
(2) That there be no costs in this Appeal.
Sd/-
Assistant Registrar (CS III)
// True Copy //
/ /2022
Sub Assistant Registrar(CS)
To
Copy to:
The Section Officer, V.R. Section,
Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.K. SUNDARAVEL, Advocate ( SR-18705/2022 )
ORDER DATED : 13/04/2022
========================== DECREE ========================== SA(MD). No.911 of 2010 Nature of Decree:-
Dismissing the Second Appeal preferred against the judgment and decree of the Principal Sub Judge, Nagercoil, Kanyakumari District, dated 28.07.2010 made in Appeal Suit No.112 of 2007, reversing the judgment and decree of the Court of the I Additional District Munsif, Nagercoil, Kanyakumari District made in Original Suit No. 388 of 2004 dated 15.06.2007 and etc., as stated within.
MGJ(12.05.2022) 2P 6C
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1 issue framed by the court
Whether the judgment and decree of the first appellate court should be set aside in a second appeal against an original suit.
1 provisions across 1 enactments
S.Manasey
Yesudhas
Church of South India
Lakshmiammal
Ammukutty
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
