Manonmani vs K.Palanivelu
2022 Latest Caselaw 13872 Mad

                                                                            A.S.No.80 of 2014


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 03.08.2022

                                                      CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI
                                                   and
                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                                  A.S.No.80 of 2014

                     Manonmani                                         .. Appellant

                                                          Vs.

                     1.K.Palanivelu

                     2.P.Amudeesan                                     .. Respondents


                     Prayer: This First Appeal is filed under Section 96 of C.P.C., against the

                     judgment and decree dated 19.10.2012 made in I.A.No.626 of 2012 in

                     O.S.No.735 of 2009 on the file of the I Additional District and Sessions

                     Court, Tiruppur.



                                          For Appellant     : Mr.L.Mouli

                                          For Respondents : Mr.S.Mukunth
                                                            for M/s.Sarvabhauman Associates




https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                  A.S.No.80 of 2014


                                                      JUDGMENT

(Judgment of the Court was delivered by V.M.VELUMANI,J.)

The learned counsel appearing for the appellant submitted that the

appellant filed another suit in O.S.No.746 of 2010 challenging the

release deed dated 01.09.2006, executed by the appellant in favour of the

respondents as null and void and the said suit was decreed by the

judgment and decree dated 11.04.2014. Against the said judgment and

decree passed in O.S.No.746 of 2010, the respondents filed A.S.No.56 of

2011. The said A.S.No.56 of 2011 was allowed by setting aside the

judgment and decree passed in O.S.No.746 of 2010. Against the said

judgment in A.S.No.56 of 2011, the appellant filed Second Appeal in

S.A.No.89 of 2015. This Court by the judgment and decree dated

19.03.2015, dismissed the Second Appeal, holding that release deed

dated 01.09.2006 executed by the appellant in favour of the respondents

is genuine and valid. In view of the judgment and decree dated

19.03.2015 passed in S.A.No.89 of 2015, nothing survives in the present

appeal and the learned counsel for the appellant has also made an

endorsement to that effect.

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

A.S.No.80 of 2014

2.Recording the above said submissions and the endorsement made

by the learned counsel appearing for the appellant, this First Appeal is

dismissed as infructuous. No costs.

                                                                       (V.M.V., J)   (S.S., J)
                                                                              03.08.2022


                     krk

                     Index                  : Yes / No
                     Internet               : Yes / No


                     To

1.The Learned I Additional District and Sessions Judge, Tiruppur.

2.The Section Officer, VR Section, High Court, Madras.

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

A.S.No.80 of 2014

V.M.VELUMANI, J.

and S.SOUNTHAR, J.

krk

A.S.No.80 of 2014

03.08.2022

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