Punitha Sankari v. K.Kalaivani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.No.1 of 2012

1. Punitha Sankari

2. Minor Manisha Rep. by her mother and guardian Punitha Sankari ... Appellants

Versus

1. K.Kalaivani

2. Kanmani

3. R.Kannammal

4. P.Nagarajan

5. M.K.Rajan

6. S.P.Subramaniam ... Respondents Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure against the judgment and decree, dated 31.01.2012 made in O.S.No.1 of 2010 on the file of the Court of the learned Additional District and Sessions Judge, Fast Track Court - I, Coimbatore.

For Appellants : Mr.T.M.Naveen For Respondents : M/s.Abirami, for RR-1 and 2 Notice served to RR-3 to 5 R6 - Died 1/5

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JUDGMENT

This Appeal Suit arises out of a suit for partition. Mr.T.M.Naveen, learned Counsel appearing on behalf of the appellants, would submit that he has been informed by his counter-part in the lower Court that the matter is settled out of the Court. But, the parties have not given any written instructions to him. Inspite of his attempts to contact, the parties have not so far contacted him.

2. M/s.Abirami, learned Counsel appearing on behalf of the respondents 1 and 2, would also confirm the fact that she has also got oral instructions from her clients that the matter is settled out of the Court.

3. In that view of the matter, even though the learned Counsel for the appellants seeks time to get instructions in writing, considering the above facts, this Appeal Suit is dismissed as the parties have settled out of the Court. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs.

26.10.2022 Index : yes/no 3/5

Speaking order/Non-speaking order grs To The Additional District and Sessions Judge, Fast Track Court - I, Coimbatore.

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D.BHARATHA CHAKRAVARTHY. J., grs and M.P.No.1 of 2012 26.10.2022 5/5