Madras High CourtSA/444/2009dismissed as settled out of court

Kuppakkal v. Govindaraj(Died)

2022-11-03Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and M.P.No.1 of 2009 1.Kuppakkal 2.Anandi (Died) 3.D.Moorthy 4.Minor Kavin 5.Minor Preethy (Minors 4 & 5 are rep.by their father D.Moorthy, the 3rd appellant herein) (Appellants 3 to 5 brought on record as LRs of the deceased 2nd appellant viz., Anandi vide Court Order dated 05.07.2021 made in M.P.No.3 of 2011 in S.A.No.444 of 2009).

.. Appellants

Versus

1.Govindaraj (Died) 2.Murugaiyan 3.Marammal @ Kunjayal 4.Vetrivel 5.Vimala 6.Menaka (R6 brought on record as LRs of the deceased 1st respondent viz., Govindaraj vide Court Order dated 29.07.2021 made in M.P.No.1 & 2 of 2011 in S.A.No.444 of 2009).

.. Respondents 1/4

Prayer: The Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 24.10.2008 passed in A.S.No.62 of 2008 on the file of the Principal Sub-Ordinate Judge, Gobichettipalayam, reversing the judgment and decree dated 20.12.2007 passed in O.S.No.4 of 2003 on the file of the District Munsif Court, Gobichettipalayam. For Appellants :

Mr.R.T.Doraisamy For Respondents :

No Appearance

JUDGMENT

When the Second Appeal is taken up for hearing, the learned counsel appearing for the appellants submitted that the dispute has already been settled between the parties amicably and she has also made an endorsement to that effect which reads as follows:

"As the parties have settled the dispute out of Court, the above Second Appeal may be not pressed."

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2. In view of the endorsement made by the learned counsel appearing for the appellants, since the dispute has already been settled between the parties, no further adjudication of the issue is required in this appeal.

3. Accordingly, the Second Appeal is dismissed as withdrawn. No costs. Consequently connected Miscellaneous Petition is closed. 03.11.2022 gbi Index: Yes/No Internet: Yes/No To 1.The Principal Sub-Ordinate Judge, Gobichettipalayam.

2.The District Munsif Judge, Gobichettipalayam.

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KRISHNAN RAMASAMY.J., gbi 03.11.2022 4/4