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Madras High CourtSA/188/2009disposed of

C.K.Chandran v. K.Nanu (Died)

2023-09-27Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI and M.P.Nos. 1 of 2009 & 1 of 2011 S.A.No.188 of 2009 C.K.Chandran S/o. P.T.Nanu ... Appellant in both S.A.s

Versus

K.Nanu (died)

2. Madhavi, W/o. K.Nanu

3. Nirmala, W/o. Ragunathan

4. Regilan, S/o. K.Nanu

5. Thilipan S/o. K.Nanu .. Respondents in S.A.No.188 of 2009 1/5

1. P.T.Nanu, S/o. late Kannan

2. Madhavi, W/o. P.T.Nanu

3. Nirmala, W/o. Ragunathan

4. Regilan, S/o.P.T.Nanu

5. Thilipan S/o. P.T.Nanu ... Respondents in S.A.No.758 of 2011 Prayer in S.A.No.188 of 2009 :- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 16.10.2008 passed in A.S.No. 180 of 2008 on the file of learned III Addl. Judge, City Civil Court, Chennai confirming the judgment and decree passed in O.S.No.5743 of 2004 dated 23.08.2007 by the learned IV Asst. Judge, City Civil Court, Chennai.

Prayer in S.A.No. 758 of 2011 :- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 29.01.2011 passed in A.S.No. 449 of 2008 on the file of the court of the Additional District Judge (Fast Track Court No.IV), Chennai confirming the judgment and decree passed in O.S.No.3708 of 2004 dated 23.08.2007 by the learned IV Asst. Judge, City Civil Court, Chennai.

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For Appellant : Mr.T.Dhanasekaran in both S.A.s For Respondents in S.A.No.188 of 2009 : R1 - died Mr.C.Girish Babu for R2 to R5 For Respondents in S.A.No.758 of 2011 : R1 - died Mr.C.Rajan for R2 to R5 COMMON JUDGEMENT Today, when the matters taken up for hearing, both learned counsel for appellant and respondents 2 to 5 appeared. Already these matters were referred to mediation and the report from the Mediation Centre is received. Before the Mediation and Conciliation Centre of this court, settlement was arrived amicably between the parties and a settlement agreement was executed by both parties.

2. As per the terms of settlement agreement, both parties have settled the issue. Accordingly, as per the terms arrived between them, a cheque, the respondents have agreed to pay a sum of Rs.11,00,000/- to the appellant and on such payment, the appellant agreed to hand over the key by vacating the property. So, as per the said agreement, the respondents have issued a 3/5

bankers cheque for a sum of Rs.11,00,000/- (Rupees eleven lakhs only) bearing No.678770 dated 21.09.2023 drawn in favour of appellant, which was received by the appellant in open court, thereby key also handed over to the respondents in open court. Accordingly, these Second Appeals are disposed of in terms of the Settlement Agreement. The said Settlement Agreement dated 22.09.2023 shall form part and parcel of this judgment. No costs. Consequently, connected Miscellaneous Petitions are closed. 27.09.2023 rpp To

1. IV Asst. Judge, City Civil Court, Chennai.

2. Addl. District Judge, (Fast Track Court IV) Chennai.

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T.V.THAMILSELVI, J.

rpp S.A. Nos.188 of 2009 & 27.09.2023 5/5