Jeeva v. Subbuthai

THE HIGH COURT OF JUD ICATURE AT MADRAS DATED: 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.No.9974 of 2023 Jeeva ...Appellant Vs.

Subbuthai

...Respondent

Prayer: First Appeal filed under Section 96 of C.P.C., against the judgment and decree of the learned II-Additional District and Sessions Court, Tiruvallur @ Poonamallee made in O.S.No.296 of 2018 dated 31.10.2022. For Appellant : Mr.M.Saravanakumar For Respondent : Mr.P.Vijendran

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The learned counsel for the appellant seeks permission to withdraw the appeal, since the appeal itself settled out of Court between the 1/4

parties. He has also made the following endorsement to that effect:- "The First Appeal is settled out of Court between the parties and Court fee may be refunded to the appellant." 2.In view of the said request, this First Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closeed.

3.In view of the judgment of the Hon'ble Supreme Court in High Court of Judicature at Madras rep. by its Registrar General Vs. M.C.Subramaniam and Others reported in (2021) 3 SCC 560, the Court fee paid in the appeal is directed to be refunded on the appellant. (R.S.M., J.) (N.S., J.) 06.12.2023 kkn Internet:Yes Index:No Speaking Nuetral Citation :No 2/4

To:- The III-Additional District and Sessions Court, Tiruvallur @ Poonamallee.

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R.SUBRAMANIAN, J.

and N.SENTHILKUMAR, J.

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