IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28/11/2025 CORAM :

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL AND M.P.NO.1 OF 2014 AND C.M.P.NO.17389 OF 2023 M/s.Thirumurugan Stores, CPR-4, Water Tank Road, M.M.D.A.Colony, Chennai – 600 106. ... Appellant/1^st Defendant Versus

1.Tamil Nadu Co-operative Sugar Federation Limited, Represented by its Special Officer, No.690, Anna Salai, Chennai – 600 035. ...1^st Respondent/Plaintiff

2.Thiruvalargal Ayyappa and Co.

No.12, Chinna Thambi Street, Sowcarpet, Chennai – 600 079. ...2^nd Respondent/2^nd Defendant PRAYER: First Appeal filed under Section 96 read with Order XLI Rule 1 of Code of Civil Procedure, 1908 praying to set aside the Judgment and Decree dated August 07, 2013 made in O.S.No.9552 of 2010 on the file of the VI Additional Judge City Civil Court, Chennai. For Appellant : Mr.V.G.Suresh Kumar For Respondent-1 : Mr.M.Krishna Kumar For Respondent-2 : Served – No appearance

J U D G M E N T

The 1^st Defendant in O.S.No.9552 of 2010 on the file of the VI Additional Judge City Civil Court, Chennai, has preferred this Appeal Suit in A.S.No.669 of 2014. When the Appeal Suit came up before this Court on July 02, 2025, at request of both parties, t