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Madras High CourtSA/644/2022dismissed as withdrawal

C.R.Ranjith Ramkumar v. S.Suresh

2024-01-11Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.12852 of 2022 C.R.Ranjith Ramkumar ... Appellant Vs.

S.Suresh ...

Respondent Prayer:- Appeal is filed under Section 100 of C.P.C against the judgement and decree passed in A.S.No.44 of 2021 dated 28.01.2022 on the file of the Principal District Judge Court, Tirupur reversing the judgement and decree passed in O.S.No.440 of 2017 dated 14.11.2019 on the file of the Additional Sub Judge Court, Tirupur. For Appellant : M/s.B.Singaravelu 1/5

For Respondent : M/s.V.Vijayakumar JUDGEMENT The learned counsel for the appellant would submit that the matter has been settled between parties out of Court and therefore he seeks to withdraw the above appeal as settled out of Court. The learned counsel for the appellant has also made an endorsement to that effect.

2. The learned counsel for the appellant would also submit that pursuant to the order of this Court dated 12.08.2022, a sum of Rs.3,00,000/- had been deposited to the credit of A.S.No.44 of 2021 on the file of the Principal District Judge, Tirupur and now considering the fact that the matter has been settled between the parties, he may be permitted to withdraw the said amount.

3. The learned counsel appearing for the respondent has no 2/5

objection to the above.

4. In view of the above, this Second Appeal is dismissed as settled out of Court and permission is granted to the appellant to withdraw the sum of Rs.3,00,000/- deposited to the credit of A.S.No.44 of 2021, on the file of the Principal District Judge, Tirupur or wherever re-deposited together with accrued interest. The appellant is entitled to a refund of the Court fee as per the procedure. No costs. Consequently, connected Miscellaneous Petition is closed. 11.01.2024 Index: Yes/No Speaking order/non-speaking order shr To

1. The Principal District Judge Court, Tirupur 3/5

2. The Additional Sub Judge Court, Tirupur.

P.T.ASHA, J., shr and C.M.P.No.12852 of 2022 4/5

11.01.2024 5/5