v. Ramasamy Iyer(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2016

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN S.A.Nos.1535 and 1536 of 1995

1. Suresh @ Sunderesan

2. Narasimha Pillai (died)

3. N.Venkatesan (3rd appellant is brought on record as LR of the deceased 2nd appellant vide as per order of this Court dated 11.07.2003 made in CMP.No.2142 of 2003 ... Appellants in SA.No.1535 of 1995 / Appellants/ Defendants

1. Suresh @ Sunderesan

2. Gowri ammal ... Appellants in SA.No.1536 of 1995 Vs.

1. V.G.Ramasamy Aiyer (died)

2. Kanagavalli Ammal

3. R.Jayanthi

4. R.Bakiyalakshmi

5. R.Vignesh (R-4&5 are rep by their mother R3 the natural guardian) (Respondents 3 to 5 brought on record as LRs of the deceased 1st respondent vide order of this Court dated 05.11.2009 made in CMP.Nos.

152 to 157of 2009 in S.A.No.

1535 & 1536 of 1995) ... Respondents in both SAs./ Respondents/ Plaintiffs Prayer in SA.No.1535 of 1995:- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree passed by the learned Sub Judge, Kancheepuram, dated 28.07.1995 in A.S.No.31/1993 confirming the judgement and decree of the learned District Munsiff, Tiruthanni, dated 22.02.1993 in O.S.No.261/1983.

Prayer in SA.No.1536 of 1995:- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and

decree passed by the learned Sub Judge, Kancheepuram, dated 28.07.1995 in A.S.No.32/1993 confirming the judgement and decree of the learned District Munsiff, Tiruthanni, dated 22.02.1993 in O.S.No.37/1984.

For Appellants : No appearance in both SAs For Respondents : R1 and R2 died in both SAs Mr.V.C.Venkataraman for R3 to R5 COMMON JUDGMENT When the second appeal came up for hearing on 10.11.2016, There was no representation for the appellants as well as the respondents. Therefore, this Court issued notice to the appellants as well as the respondents.

2. Today, the third appellant Mr.N.Venkatesan, S/o. Narasimha Pillai appeared before this Court and the notice served on him was submitted. The third appellant submits that the first appellant is the vendor and he is the purchaser and the second appellant died. He also submits that a compromise had been reached between them.

3. In view of the compromise entered between the parties, the matter has been settled and he has no interest to conduct the second appeal. He also produced the sale deed dated 02.06.2010, executed in his favour by the respondents.

4. In view of the above facts, the second appeal is dismissed. No orders as to costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar rts To

1. The Sub Judge, Kancheepuram

2. The District Munsif Tiruthanni Copy to The Section Officer VR Section, High Court, Madras S.A.Nos.1535 and 1536 of 1995 GJ II(CO) kk 29/12