P.Velu, S/O Pachayappan, v. Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.Nos.12067 of 2016, 19945 of 2019 & 95 of 2020 [S.A.No.1002 of 2015] P.Velu ... Appellant Vs.

1. Kumar 2.Raja ... Respondents [S.A.No.655 of 2016] 1.Mr.N.Kumar 2.Mr.N.Raja ... Appellants Vs.

Mr.P.Velu ... Respondent 1/5

PRAYER in S.A.No.1002 of 2015: Second Appeal filed under Section 100 of the Code of Civil Procedure against the decree and judgement dated 16.07.2015 rendered in A.S.No.42 of 2013, on the file of the Subordinate Judge, Tirupattur, Vellore District, confirming the decree and the judgement dated 04.10.2013 rendered in OS.No.151 of 2007 on the file of the Principal District Munsif of Tirupatur.

For Appellant : M/s.Elizabeth Ravi For Respondents : Mr.A.S.Thambuswamy [R.1 and R.2] PRAYER in S.A.No.655 of 2016: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgement and decree of the District Judge and Appellate Authority at Vellore, passed in A.S.No.1 of 2014 dated 16.07.2015 confirming the judgement and decree of the Principal District Munsif at Tirupattur, Vellore Distirct dated 04.10.2013 passed in OS.No.151 of 2007.

For Appellants : Mr.A.S.Thambuswamy For Respondent : M/s.Elizabeth Ravi 2/5

COMMON JUDGMENT A memo dated 15.12.2022 has been filed by the learned counsel for the appellant in Second Appeal No.1002 of 2015 stating that the parties have reached compromise and pursuant to this compromise, the appellant along with the 1st respondent sold the entire suit property to third parties namely, R.Sivaraj and K.Abubukker Siddiq, under a sale deed dated 09.09.2020 registered as Document No.2432 of 2020, on the file of the Sub Registrar, Jollarpet.

2. The sale deed has been executed both by the plaintiff and the defendants in favour of the said R.Sivaraj and K.Abubukker Siddiq. The subject matter of the sale is also the entire subject matter of the suit property.

3. Considering the above, the appellant in [SA.No.1002 of 2015] has filed a memo dated 15.12.2022, prayed to have the Second Appeal [SA.No.1002 of 2015] dismissed as settled out of Court. The memo dated 15.12.2022 is taken on file and the Second Appeal is dismissed as settled out of Court.

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4. Considering the fact that both the plaintiff and the defendants have executed the sale deed in favour of the aforesaid persons in the connected appeal [S.A.No.655 of 2016] which has been filed by the defendants in the said suit and consequently, the S.A.No.655 of 2016 is also dismissed as settled out of Court. No costs. Consequently, the connected Civil Miscellaneous Petitions are closed.

22.12.2022 Index : Yes/No Internet : Yes/No shr To 1.The Subordinate Judge, Tirupattur, Vellore District. 2.The Principal District Munsif of Tirupatur. 4/5

P.T. ASHA, J, shr and C.M.P.Nos.12067 of 2016, 19945 of 2019 & 95 of 2020 22.12.2022 5/5