P.PALANICHAMY Vs. S.TAMBITHRAI @ SELVARAJ

JUDGEMENT

(1.) Challenging the judgment an decree passed in A.S.No.67 of 2007, on the file of the Principal Subordinate Court, Dindigul confirming the judgment and decree passed in O.S.No.1417 of 2004, on the file of II Additional District Munsif Court, Dindigul, the defendant has filed the above Second Appeal.

(2.) Heard Mr.T.S.R.Venkataramana, learned Counsel appearing for the appellant and Mr.V.Maragathavel, learned Counsel appearing for the respondent.

(3.) The plaintiff filed the suit in O.S.No.1417 of 2004 for declaration and permanent injunction. After trial, the trial Court decreed the suit in O.S.No.1417 of 2004. Aggrieved over the same, the defendant preferred an appeal in A.S.No.67 of 2007. The lower Appellate Court set aside the judgment and decree of the trial Court and remitted the matter back to the trial Court for fresh consideration. Aggrieved over the order of remand, the defendant preferred an appeal in C.M.A.(MD)No.1480 of 2012 before this Court and this Court, by its judgment dated 14.03.2013, set aside the order of remand passed by the lower Appellate Court in A.S.No.67 of 2007 and remanded the matter to the lower Appellate Court (Principal Subordinate Court, Dindigul) to dispose of the appeal on merits. Further this Court observed that if any of the parties filed an application for receiving the additional evidence or appointment of Advocate Commissioner, the first Appellate Court was at liberty to decide the application on merits and pass suitable orders.