Disposed

Seethalakshmi, v. J.Rajendran

Madras HC23 Feb 2024AS(MD)/146/2013

Case brief

AI extract

What is this about?

In an appeal filed under Section 96 CPC, the Madurai Bench of Madras High Court noted that while the original appeal did not seek a refund of advance, it granted liberty for the respondent to file an application claiming this relief within the existing appeal.

What did the court decide?

Liberty granted to the respondent/plaintiff to file a necessary application seeking recovery of advance amount within the very same appeal.

Seethalakshmi, Vs J.Rajendran — Execution and Attachment | Madras HC (2024)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

Civil Appellate Jurisdiction

¶3

Friday, the Twenty Third day of February Two Thousand and Twenty Four

¶4

PRESENT

¶5

The Honble Mr.Justice RMT.TEEKAA RAMAN AND The Honble Mr.Justice P.B. BALAJI

¶6

AS(MD). No.146 of 2013

¶7

Seethalakshmi

¶8

... Appellant/Defendant

¶9

¶10

J.Rajendran ... Respondent/Plaintiff

¶11

Prayer :- Appeal filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 22.04.2023, made in O.S.No.30 of 2011 on the file of the Ist Additional District Judge, Thoothukudi and set aside the same.

¶12

ORDER:- This Appeal Petition coming on for orders on this day and upon perusing the Memorandum of grounds filed in support thereof and upon hearing the arguments of Mr.G.Prabhu Rajadurai, Advocate for the Petitioner and of Mr.ARL.Sundaresan, Senior Counsel for S.Kadarkarai,Advocate for the Respondent, this Court made the following order:

¶13

After delivery the judgment, Mr.S.Kadarkarai, learned counsel for the respondent sought for grant of refund of advance amount by the appellant/defendant.

¶14

https://www.mhc.tn.gov.in/judis

¶15

1/3

¶16

2.Since there was no prayer in the appeal suit with regard to refund of advance amount, we give liberty to the respondent / plaintiff to file necessary application seeking the relief in the very same appeal.

¶17

Sd/Assistant Registrar

¶18

// True Copy //

¶19

/07/2024 Sub Assistant Registrar (CS – I/ II / III /IV)

¶20

¶21

The I Additional District Judge, Thoothukudi.

¶22

Copy to: The Section Officer, VR. Section, Madurai Bench of Madras High Court, Madurai

¶23

+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-7258 dated 26/02/2024 ) + One CC to M/s.S.Kadarkarai, Advocate, SR.No.6966, dated 23.02.2024.

¶24

https://www.mhc.tn.gov.in/judis

¶25

2/3

¶26

ORDER DATED : 23/02/2024 ========================== ORDER ========================== AS(MD). No.146 of 2013 Giving direction and etc. as stated within.

¶27

MK/02.07.2024 3P 6C

¶28

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

¶29

https://www.mhc.tn.gov.in/judis

¶30

3/3

Seethalakshmi, v. J.Rajendran

Case brief

What is this about?

What did the court decide?

Seethalakshmi, v. J.Rajendran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M. Maruthappa Pandian, Vs 1. M. Murugaiyan (Died), 2. Rengathammal (Died), 3. Mariappan

Vellaiammal Vs Subbulakshmi

M/S.Tnstc Ltd., Vs Geetha

A.R.Krishnan(Died) Vs T.D.Vathsala

J. Lakshmanan Vs K.Sasikala

R.Thayah Nayakee Vs M.Irulayee