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Madras High CourtSA/80/2011dismissed as settled out of court

Vaiyapuri v. Kanagasabapathy

2015-02-24Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU Second Appeal No.80 of 2011 Vaiyapuri : Appellant/Plaintiff Vs.

1.Kanagasabapathy 2.Parmeshwaran 3.Shanmugam 4.Manikavasakan :Respondents/Defendants Prayer:

Appeal filed under Section 100 C.P.C., against the decree and judgement passed in A.S.No.6 of 2010 dated 27.04.2010 on the file of the learned Principal District Judge, Vizhupuram confirming the judgement and decree in O.S.No.77 of 2007 dated 18.12.2009 on the file of the learned Subordinate Judge, Kallakurichi. For Appellant : Mr.R.Margabandhu For Respondents : Mr.P.Valliappan

J U D G M E N T

The plaintiff in O.S.No.77 of 2007 on the file of the learned Principal District Judge, Villupuram is the appellant herein. The said suit was filed for specific performance. The trial Court dismissed the said suit by decree and judgement dated 18.12.2009. The appeal filed by the plaintiff in A.S.No.6 of 2010 on the file of the learned Subordinate Judge, Kallakurichi was also dismissed by decree and judgement dated 27.04.2010. As against the same, the appellant/plaintiff is before this Court with this second appeal. 2.Today, when this second appeal came up for admission, the learned counsel for the appellant submitted that the matter has been settled out of Court. He has also made an endorsement in the Court bundle not pressing the appeal.

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3.In view of the endorsement made by the learned counsel for the appellant, the second appeal is dismissed as settled out of Court. Registry is directed to refund half of the Court fee as provided in Order 6 Rule 13 of the Madras High Court Original Side Rules. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jbm To 1.The Principal District Judge, Vizhupuram.

2.The Subordinate Judge, Kallakurichi.

+ 1 cc to M/s. R. Margabandhu, Advocate Sr.10389 Second Appeal No.80 of 2011 UG(CO) EU 10.03.2015 https://hcservices.ecourts.gov.in/hcservices/