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Madras High CourtCMSA/13/2007dismissed as infructuous

P.G.Narayanan, v. B.V.Venkatachalapathy,

2019-01-09Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2019 Coram THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN C.M.S.A.No.13 of 2007 and C.M.P.No. 1 of 2007 P.G. Narayanan ... Appellant versus

1. B.V.Venkatachalapathy

2. P.Nagarathinam

...Respondent

Prayer : The Civil Miscellaneous Second Appeal is filed under Section 100 r/w Order 21 Rule 97 CPC against the Judgment and decree dated 15.06.2007 made in C.M.A.No.7 of 2006 on the file of the Principal District Court, Erode reversing the Judgment and Decree dated 01.04.2005 made in E.A.No. 6 of 2005 in E.P.No.108 of 2004 in O.S.No. 9 of 1998 on the file of the SubCourt, Bhavani. For Appellant :Mr.N.Manoharan For Respondent :Mrs.A. Bakkiyalakshmi (Legal Aid counsel)

J U D G M E N T

This Civil Miscellaneous Second Appeal is filed against the Judgment and decree dated 15.06.2007 made in C.M.A.No.7 of 2006 on the file of the Principal District Court, Erode reversing the Judgment and Decree dated 01.04.2005 made in E.A.No. 6 of 2005 in E.P.No.108 of 2004 in O.S.No. 9 of 1998 on the file of the Sub-Court, Bhavani.

2.When the matter is listed today the learned counsel for the appellant reported that the matter has been settled between the parties and he has also made an endorsement to the effect: Since, the matter is settled between the parties. The matter may be dismissed as infructuous.

3.In view of the above statement and endorsement made by the learned counsel for the appellant, this Civil Miscellaneous appeal is dismissed as having become infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. https://hcservices.ecourts.gov.in/hcservices/

4. The counsel, who was appointed and appeared before this Court for the sole respondent is entitled to get a sum of Rs.3,000/- towards his fees which shall be paid by the Tamil Nadu Legal Services Authority, Chennai. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smn To.

1.The Principal District Court, Erode 2.The Sub-Court, Bhavani.

3.The Secretary, T.N.State Legal Services Authority, High Court, Madras - 104.

+1cc to M/s.A.Bakkiyalakshmi, Advocate, S.R.No.2279 +1cc to M/s.A.Bakkiyalakshmi, Advocate, S.R.No.2229 (28/02/2019) C.M.S.A.No.13 of 2007 and C.M.P.No.1 of 2007 NRL(CO) rrs 27/02/2019 https://hcservices.ecourts.gov.in/hcservices/