P. Kandasamy Mudalaiar v. Sethuramalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P.No.1 of 2008

1. P.Kandasamy Mudaliar (Deceased)

2. K.Shantha Kumar (Died)

3. A.S.Rani

4. Ilayaraja (A2 died, A3 and A4 are brought on record as LRs of the deceased 2nd Appellant Viz., K.Shantha Kumar vide order of the Court dated 29.08.2023 made in C.M.P.No.15167 of 2023 in A.S.No.289 of 2008) ...Appellants -Vs1. Sethuramalingam

2. Sudhalakshmi

3. Balu

4. K.Mallika

5. K.Rajendran

6. K.Manoharan (2nd Appellant and RR4 to 6 brought on record as LRs of the deceased sole appellant vide

order of Court dated 10.08.2017 made in C.M.P.Nos.10134 to 10136 of 2017 in A.S.No.289 of 2008) ... Respondents Prayer: First Appeal filed under Section 96 of CPC, to call for the records pertaining to set aside the Judgment and Decree dated 26.11.2007 and made in O.S.No.53 of 2006 on the file of the District Judge, Fast Track Court I, Salem and allow the above appeal. For Appellants : Mr.A.Chidambaram For R1 and R3 : Mr.T.Balaji for Mr.A.Thiyagarajan For R2 : Died (steps due) For R4 to R6 : Notice served, No appearance

JUDGMENT

This Appeal Suit has been filed as against the Judgment and Decree dated 26.11.2007 and made in O.S.No.53 of 2006, on the file of the District Judge, Fast Track Court I, Salem.

2. The learned counsel for the appellants would submit that already the matter has been settled between the parties.

3. Recording the above said submission, this appeal suit is closed. There shall be no order as to costs. Consequently, connected Miscellaneous petition is closed.

20.12.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The District Judge, Fast Track Court I, Salem. 20.12.2023