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Madras High CourtOSA/250/2017dismissed as settled out of court

Syed Abdul Gani v. Sajjida Begam

2018-07-23Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.07.2018 Coram The Honourable Mr.Justice M.M.SUNDRESH and The Honourable Mr.Justice N.ANAND VENKATESH Original Side Appeal No.250 of 2017 & C.M.P.No.15974 of 2017 Syed Abdul Gani Old No.28, New No.31, Lal Begam Street, Chepauk, Chennai-600 005.

... Appellant Vs.

1.Sajjida Begum 2.A.Hassan Ali (Both residing at No.33/C, Balaji Nagar 1st Street, Royapettah, Chennai-600 014) ... Respondents Original Side Appeal is filed under Order XXXVI Rule I of the Original Side Rules read with Clause 15 of the Letters Patent against the judgment and decree dated 19.10.2016 passed in C.S.No.254 of 2010.

a) Directing the defendants to execute the Sale Deed by receiving balance sale price in respect of the house ground and premises bearing old No.28 New No.31 Lal Begum street Triplicane Chennai-5 measuring 1353 square feet or thereabout morefully described in the Schedule hereunder engrossed on proper stamp paper and register the same and the defendants failing to do so this Court itself to execute the Sale Deed in favour of the plaintiff.

b) Directing the Defendants to deliver vacant possession of the Suit property except the portion of the property in occupation of the plaintiff as a tenant.

c)directing the Defendants to pay the costs of the suit. For Appellant : Mr.P.Mathivanan For Respondents : Mr.C.Umashankar https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH,J.) When the above original side appeal is taken up for hearing, the learned counsel appearing for the appellant would submit that the matter has been settled between the parties and has also made an endorsement to that effect.

2. In view of the same, the above original side appeal is dismissed as settled out of Court. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS VI ) //True copy// Sub Assistant Registrar raa TO The Sub Assistant Registrar, Original side, High Court, Madras.

+1cc to Mr.C.Umashankar, Advocate SR.No.49256 O.S.A.No.250 of 2017 RK(CO) GN(02/08/2018) https://hcservices.ecourts.gov.in/hcservices/