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Madras High CourtAS/135/2020withdrawn dismissed

Dharmamurthi Rao Bahadur Calavala Cunnal Chettis Charities v. Arulmighu Ekambaranathar Thirukoil

2023-02-23Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Dharmamurthi Rao Bahadur Calavala Cunnan Chetti's Charities, represented by its President and Officials:

C.N.Alwar Chetty - President (Deceased) C.Ethiraj (Deceased) C.Emberumanar Gupta (Deceased) S.Nandagopal (Deceased) I.M.V.Cunniah Chetty II.C.Venkatachalam III.V.Sethuram IV.V.R.Bakthavatsalam V.Vummidi Sreehari VI.M.Venkatesaperumal VII.Dr.Praveen Tellakula ... Appellants [cause title accepted vide order of Court dated 03.01.2020 made in C.M.P.No.10408 of 2019 in A.S.Sr.No.34977 of 2019] Vs.

1.Arulmighu Ekambaranathar Thirukoil, Rep. by its Executive Officer and Trustees, Kancheepuram - 631 502.

2.The Joint Commissioner, (Vellore Region) HR & CE Department, No.328, Nungambakkam High Road, Chennai - 600 034.

3.The Commissioner, HR & CE Department, No.328, Nungambakkam High Road, Chennai - 600 034.

... Respondents Prayer: Appeal Suit is filed under Order XLI Rule 1 of the Code of Civil Procedure read with Section 96 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 16.08.2018 passed in O.S.No.7159 of 2010 on the file of the II Additional Judge, City Civil Court, Chennai. For Appellant : Mr.V.Kuberan For M/s.Rank Associates For R1 : Mr.R.Karthikeyan For R2 & R3 : Mr.M.Rajendiran, Additional Government Pleader (HR & CE)

J U D G M E N T

The learned counsel for the petitioner made as submission that the dispute between the parties to the lease had already been settled out of Court. Thus, no further adjudication needs to be undertaken and the appellant has chosen to withdraw the Appeal Suit.

2. Accordingly, the Appeal Suit in A.S.No.135 of 2020 stands dismissed as withdrawn. No costs.

3. Registry, High Court is directed to refund of the Court fee as admissible under the Rules in force.

23.02.2023 skr Index : Yes To The II Additional Judge, City Civil Court, Chennai.

S.M.SUBRAMANIAM, J.

skr 23.02.2023