Palanisamy Gounder v. Easwaramoorthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE SUNDER MOHAN and C.M.P.No.12210 of 2022 1.Palanisamy Gounder 2.Duraisamy Gounder 3.Rangasamy Gounder ... Appellants Vs.

1.Easwaramoorthi 2.Rajendran 3.Lingeswaran ... Respondents Prayer: This Appeal Suit is filed under Section 96 of Code of Civil Procedure against the judgment and decree dated 14.02.2022 made in O.S.No.256 of 2019 on the file of the Principal District Court, Tiruppur. For Appellants : Mr.L.Myilsamy

J U D G M E N T

[Judgment of the Court was delivered by V.M.VELUMANI,J.] The learned counsel appearing for the appellants seeks permission of 1/4

this Court to withdraw this Appeal Suit as the matter has been amicably settled between the parties out of Court and also made an endorsement to that effect.

2.Recording the endorsement made by the learned counsel appearing for the appellants, this Appeal Suit is dismissed as withdrawn. In view of the judgment of the Hon'ble Apex Court reported in (2021) 3 SCC 560 [High Court of Judicature at Madras, represented by its Registrar General Vs. M.C.Subramaniam and others], the appellants are entitled to refund of Court fee paid by them in the Memorandum of Grounds of appeal. Registry is directed to refund the Court fee affixed in the Memorandum of Grounds of appeal, to the appellants. Consequently, connected Miscellaneous Petition is closed. No costs.

(V.M.V., J) (S.M., J) 08.11.2022 (gsa) 2/4

To 1.The Principal District Judge, Tiruppur.

2.The Section Officer, VR Section, High Court, Madras.

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V.M.VELUMANI, J.

and SUNDER MOHAN, J.

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