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2026 Supreme(Online)(Mad) 1208

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr.Justice A.D.MARIA CLETE
ATHIYAPPAN – Appellant
Versus
THIYAGARAJAN – Respondent


IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 03.12.2025 PRONOUNCED ON : 12.01.2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE A.S. No. 351 of 2021 Athiyappan … Appellant Vs.

Thiyagarajan ...Respondent PRAYER in A.S.: Appeal Suit filed under Section 96 of CPC to set aside the judgment and decree dated 27.09.2019 made in O.S.No.23 of 2017 on the file of the III Additional District Judge, Kallakurichi, Villupuram District For Appellant : Mr.V.Gunasekar For Respondent : Mr.R.Nalliappan

J U D G M E N T

This First Appeal, under Section 96 CPC, is directed against the judgment and decree dated 27.09.2019 made in O.S. No.23 of 2017 on the file of the III Additional District Judge, Villupuram @ Kallakurichi, whereby the suit filed by the respondent / plaintiff for recovery of a sum of Rs.12,00,000/- with interest came to be decreed.

2. For the sake of convenience parties are referred to by their ranks as they stood before the courts below. The defendant in the suit is the appellant in this first appeal.

3. The plaintiff’s case is that the defendant borrowed Rs.12,00,000/- as hand loan on 18.08.2017 and, towards repayment, issued a cheque bearing No.291834 dated 18.08.2017 drawn

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