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Madras High CourtSA/546/2021dismissed

N.Shyamala v. M/S.Suriyan Benefit Fund (Madras)Ltd

2024-07-01Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.07.2024 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA 1.N.Shyamala 2.N.Venkatesh 3.N.Mahesh 4.N.Durga 5.N.Suresh ...Appellants in both S.A.No's Vs.

1.M/s.Suriyan Benefit Fund (Madras) Ltd., Rep. by its Secretary, Mr.J.Radhakrishnan, Having Office at No.487, Mint Street, Chennai 600 079.

...Respondent in both S.A.No's.

2.M/s.Varma and Company, (Government Auctioneers and Estate Agents) The Constitution not known, Having office at No.159, Mint Street, Chennai 600 079.

...2nd Respondent in S.A.No.546 of 2021 Prayer in S.A.No.546 of 2021: Second Appeal is filed under Section 100 of the Code of Civil Procedure Code, 1908 to set aside the Judgment and Decree dated 09.01.2020 made in A.S.No. 232 of 2019 by the Learned VI Additional City Civil Court, Chennai and reversing the Judgment and Decree dated 31.10.2003 passed in O.S.No.13211/1996, on the file of II Asst. City Civil Court, Chennai by allowing the appeal.

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Prayer in S.A.No.547 of 2021: Second Appeal is filed under Section 100 of the Code of Civil Procedure Code, 1908 to set aside the Judgment and Decree dated 09.01.2020 made in A.S.No. 233 of 2019 by the Learned VI Additional City Civil Court, Chennai and reversing the Judgment and Decree dated 31.10.2003 passed in O.S.No.5895/2000, on the file of II Asst. City Civil Court, Chennai by allowing the appeal.

JUDGMENT

Learned counsel for the appellants submits that the issue involved in both the Second Appeals have been amicably settled out of the Court and memo dated 01.07.2024 to that effect is also filed before this Court. In view of the same, the Second Appeals are dismissed as settled out of Court and the memo dated 01.07.2024 shall form part of the Judgment. No costs. Registry is directed to refund necessary court fee as per rules, if available. dsn 01.07.2024 2/4

To M/s.Suriyan Benefit Fund (Madras) Ltd., Having Office at No.487, Mint Street, Chennai 600 079.

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N.MALA,J.

dsn S.A.No's.546 and 547 of 2021 01.07.2024 4/4