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2017 Supreme(Mad) 2281

D.KRISHNAKUMAR
Sathish Kannan – Appellant
Versus
R. Bhavani – Respondent


Advocates Appeared:
For the Appellant : Mr. D. Baskar
For the Amicus Curie : Mr. R. Muthukumarasamy, Mr. C. Jayaramaraj

ORDER :

According to the petitioner, the respondents filed O.S.No.19 of 2004 before the Additional District Munsif, Cuddalore against the petitioner for declaration of title and permanent injunction. The petitioner filed counter claim. By a common judgment and decree dated 13.8.2013, the suit was decreed and the counter claim was dismissed. The petitioner has filed A.S.No.53 of 2013 challenging the judgment and decree in counter claim and A.S.No.54 of 2013 against the judgment and decree in the suit. Both the appeals were partly allowed. As against the Judgment and decree passed in A.S.No.53 of 2013, the petitioner has filed the Second Appeal before this Court. Since the petitioner failed to get the certified copy of the decree in A.S.No.53 of 2013, the petitioner has filed the present petition to dispense with the filing of the certified copy of the decree passed in A.S.No.53 of 2013.

2. The learned counsel for the petitioner relied upon the decision rendered by the Division Bench of this Court in A.S.SR No.7543 of 2016 and M.P.SR No.7545 of 2016, dated 4.2.2016 wherein the Division Bench of this Court considered the maintainability of the appeal filed for numbering the appeal under
































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