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Madras High CourtSA/1599/2008withdrawn dismissed

Mr T. Krishnasami Udayar- Died v. Gunsyed Sahib

2023-08-25Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI S.A.No.1599 of 2008 1.T.Krishnasami Udayar (Died) 2.Saraswathi (Died) 3.Madhavan

4. Padmanabhan

5. Selvam

6. Arunagiri ... Appellants [*Appellants 2 to 6 brought on record as LRs of the deceased sole appellant T.Krishnasamy Udayar vide Court order dt.21.04.2021 made in MPs.1 and 2 of 2010 in S.A.No.1599 of 2008-PTAJ.

** Appellant 3 to 6 LRs of the deceeased as per memo dated 06.07.2021 (SR17723) vide Court order dated 14.07.2021 made in S.A.No.1599 of 2008 (PTAJ)]

Versus

1.Gunsyed Sahib 2.Vargees 3.Selvam alias Selvaraj 4.Vasantha 5.Rani 6.Baggiyalakshmi 7.Senthil 8.Sundari (a) Suganthi ... Respondents 1/4

PRAYER : Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the decree and judgment passed in A.S.No.2 of 2008 dated 27.08.2008 on the file of the Subordinate Court, Cheyyar, Thiruvannamalai District, confirming the decree and judgment passed in O.S.No.59 of 1996, dated 29.06.2007 on the file of District Munsif Court, Vandavasi.

For Appellants : Mr.P.Muthusamy For R3 to R8 : Mr.V.Gopalakrishnan For R1 : No appearance For R2 : No such person

O R D E R

When the matter was taken up for hearing, the learned counsel appearing for the appellants submitted that the Second Appeal was preferred against the judgment and decree passed in A.S.No.2 of 2008 in O.S.No.59 of 1996 by the Sub-Court Cheyyar Court on 27.08.2008. During the pendency of the Second Appeal, the issue was settled between the parties amicably by executing a consent deed dated 14.04.2023. A memo was filed in this regard. Therefore, nothing survives in the above appeal and the same 2/4

may be dismissed as withdrawn as settled out of Court.

2. Since the matter is settled out of Court, the Second Appeal is dismissed as settled out of Court. The memo shall farm part of the Judgment. No costs.

25.08.2023 Index : Yes/No Speaking/Non Speaking order rri To

1. The Subordinate Court, Cheyyar, Thiruvannamalai District.

2. The District Munsif Court, Vandavasi.

3.The Section Officer, VR- Section, High Court of Madras.

3/4

T.V.THAMILSELVI, J.

rri S.A.No.1599 of 2008 25.08.2023 4/4