S.Ramila v. E.Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN A.S.No.295 of 2021 & CMP Nos.14413 & 14417 of 2021 and CRP No.956 of 2020 & CMP No.5205 of 2020 S.Ramila ... Appellant Vs 1.E.Srinivasan

2. P.K.Eswara Iyer (Died)

3. E.Devagi

4. E. Ravichandran

5. S. Kamala ... Respondents Prayer: This appeal is filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 11.11.2019 delivered in the original suit bearing OS. No.2 of 1998, on the file of the learned Family Court, Salem, in dismissing the suit for Maintenance and allow the first appeal and order maintenance to the appellant/wife, and to create charge over the 1/3rd share of the first respondent's property with costs.

1/5

For Appellant : Mr. M.Rajamani For Respondents : Mr. R.Nalliappan, for R1 CRP No.956 of 2020 S.Ramila ... Petitioner Vs E.Srinivasan ... Respondent Prayer: This appeal is filed under Section 115 of the Code of Civil Procedure, to set aside the order in R.E.A.No.4 of 2013 in R.E.P. No.10 of 2003 in F.C.O.P.No.89 of 1999 dated 11.11.2019 on the file of Family Court, Salem, by allowing this Revision Petition. For Petitioner : Mr. M.Rajamani For Respondent : Mr. R.Nalliappan C O M M O N J U D G E M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Nothing survives for adjudication in the Appeal and the Civil Revision Petition, inasmuch as the parties have entered into a 2/5

comprehensive settlement before the Hon'ble Supreme Court of India in SLP (C) No.4149 of 2020. The operative portion of the order of the Hon'ble Supreme Court reads as follows:

"9. In that view of the matter, all the legal proceedings/ cases pending before different forums/courts, details of which are mentioned in Clause (6) of the settlement agreement and are given below, shall stand quashed/disposed of in terms of this order.

(i) A.S.No.295 of 2021 pending before the High Court of Madras arisen from O.P.No.12 of 1992 (later on numbered as O.S.No.02 of 1998);

(ii) C.R.P.No.956 of 2020 against REA 4/2013 in Rep 10/2023 pending before the High Court of Judicature at Madras;

(iii) CMP No.2/2022, CMP No.9/2022, CMP No.2/202 and CMP No.3/2024 pending before the Family Court, Salem; and (iv) CMP No.33/2021 in Crl.Rc. No.417/2011 3/5

pending before the Family Court, Salem."

2. In view of the same, the Appeal and the Civil Revision Petition will stand disposed of in terms of the order of the Hon'ble Supreme Court referred to supra. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. (R.SUBRAMANIAN, J .) (C.KUMARAPPAN, J.) 21.01.2025 jv Index : No Internet : Yes Speaking order To

1. The Judge, Family Court, Salem.

2. The Section Officer, V.R. Section, Madras High Court, Chennai 104.

4/5

R.SUBRAMANIAN, J.

and C.KUMARAPPAN , J.

jv A.S.No.295 of 2021 and CMP Nos.14413 & 14417 of 2021 21.01.2025 5/5