Madras High Court
Ramalakshmi vs K.Sankaranarayanan on 21 April, 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 21.04.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
SA(MD)No.556 of 2013
and
MP(MD)No.1 of 2013
Ramalakshmi ... Appellant/Respondent/Plaintiff
Vs.
1.K.Sankaranarayanan
2.K.Ammaiyappan
3.K.Mariappan @ Jegajothi ...Respondents/Appellants/Defendants
Prayer: Second Appeal is filed under Section 100 of Civil Procedure
Code, against the judgment and decree passed by the learned Principal
District Judge, Virudhunagar District at Srivilliputhur in A.S No.26 of
2011 dated 25.02.2013 reversing the judgment and decree passed in
O.S No.139 of 2008 dated 30.03.2011 on the file of the Subordinate
Judge, Srivilliputhur.
For Appellant : Mr.M.M.Ashokkumar
For Respondents : Mr.A.Thirunavukkarasu
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JUDGEMENT
Heard the learned counsel on either side.
2.The appellant is the plaintiff in O.S No.139 of 2008 on the file of
the Sub Court, Srivilliputhur. The suit was decreed vide judgment and
decree dated 30.03.2011. Questioning the same, the defendant filed A.S
No.26 of 2011 before the Principal District Judge, Virudhunagar at
Srivilliputhur. Vide judgment and decree dated 25.02.2013, the appeal
came to be allowed. Questioning the same, this Second Appeal has
been filed. The Second Appeal was admitted on the following questions
of law :
“(a)Whether the opinion of Hand Writing Expert
appointed according to the choice of the appellants at the
stage of appeal can override the positive and cogent
evidence of the attesting witness at the stage of trial?
(b)Whether the petitioner is not entitled to the benefit
under Section 118(a) of the Negotiable Instruments Act (26
of 1881) when the defendants have not proved the absence
of consideration to the Promissory Note?
(c)Whether any importance can be attached to the
opinion of Handwriting Expert as regards the signatures of
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the defendants who have not come forward to adduce
evidence denying their signature in the suit promissory
note?”
3.When the matter was taken up for hearing, the learned counsel
on either side submitted that the matter has been amicably resolved.
The defendants shall pay a sum of Rs.1,75,000/- by way of Demand
Draft drawn in the name of the plaintiff and hand over the same to him
on or before 01.06.2021. Within ten days thereafter, i.e., after the
receipt of the Demand Draft, the plaintiff shall take steps for
discharging the mortgage created by Ex.A6.
4.This Second Appeal is disposed of in terms of the aforesaid
settlement. MP(MD)No.1 of 2013 stands closed. No costs.
21.04.2021
Index : Yes / No
Internet : Yes/ No
skm
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
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G.R.SWAMINATHAN, J.
skm
To
1.The Principal District Judge,
Virudhunagar District at Srivilliputhur.
2.The Subordinate Judge, Srivilliputhur.
Copy to :
The Record Keeper, V.R.Section,
Madurai Bench of the Madras High Court, Madurai.
SA(MD)No.556 of 2013
and
MP(MD)No.1 of 2013
21.04.2021
https://www.mhc.tn.gov.in/judis/
