Shanmugha Sundaram v. Bhanumathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN A.S. No. 529 of 2012 D.Shanmugha Sundaram ... Appellant/1st Defendant Vs

1. S.Bhanumathi ..1st Respondent/Plaintiff

2. V.Suguna

3. K.Kasinathan ..2nd & 3rd Respondent/Defendants 2 & 3 Prayer :- This Appeal has been filed under Order 41 Rule 1 read with Section 96 C.P.C. against the judgment and decree dated 29.02.2012 made in O.S.No.43 of 2010 by the Principal District Court, Cuddalore.

For Appellants : Mr.T.S.Baskaran JUDGEMENT The defendant in the suit is the appellant herein. The 1st respondent is the sister of the appellant filed a suit for partition seeking 1/3rd share in the suit schedule property, and the Trial Court decreed the suit. Challenging the judgment and decree, the present appeal has been filed.

2. Today, when the matter taken up for hearing, the learned counsel appearing for the appellant filed a memo stating that pending suit, there was a compromise between the parties. Two sisters viz., Respondents 1 and 2 have executed a settlement deed conveying their share in favour of appellant, and enclosed the copy of the settlement deed along with memo. The learned counsel further submitted that this appeal may be dismissed as settled out of court.

3. Recording the above submission, the present Appeal stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Principal District Judge, Cuddalore.

+1 cc to M/s.T.S.Baskaran,Advocate Sr.No. 37231 AKM/06.09.19/1P-3C / https://hcservices.ecourts.gov.in/hcservices/ A.S. No.529 of 2012