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Madras High CourtAS/91/2014disposed of with direction

C.Parthasarathy v. P.R.Kabilan

2020-01-27Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2020

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM A.S.No.91 of 2014 C.Parthasarathy .. Appellant/Plaintiff vs.

1.P.R.Kabilan 2.M.Chakkaravarthi 3.Meenakshi Chakkaravarthi .. Respondents/Defendants Appeal Suit is preferred under Section 96 of the Code of Civil Procedure against the judgment and decree dated 17.07.2013 passed in O.S.No.68 of 2010 on the file of the learned Principal District Judge, Dharmapuri.

For Appellant : Mr.R.Laxmi Narayanan For Respondents : Mr.C.Murali

J U D G M E N T

The learned counsel for the appellant filed a Memo dated 27.01.2020, stating that during the pendency of the appeal, the third respondent sold the property to one Mr.Sakthi in the year 2016. Subsequently, during the year 2017, the said Mr.Sakthi further sold the property to Mrs.Manoranjitham and Mr.C.Vidyasagar i.e., the mother and brother of the appellant herein. Thus, the suit property has reverted back to the family of the appellant. Accordingly, the parties to the appeal suit had arrived an amicable settlement and consequently, the appellant has chosen to withdraw the present appeal suit.

2. The present appeal suit sought to be withdrawn before taken up for disposal. This being the factum, the appellant is entitled for refund of Court Fee. The Memo dated 27.01.2020 filed by the appellant stands accepted. Accordingly, the appellant is permitted to withdraw the present appeal suit. The learned counsel for the appellant has also made an endorsement in the case bundle to the said effect.

https://hcservices.ecourts.gov.in/hcservices/

3. The Registry of the High Court is directed to refund the full Court Fee to the appellant, by following the procedures contemplated under Section 69-A of the Tamil Nadu Court Fees and Suits Valuation Act.

4. Accordingly, the present appeal suit stands disposed of as withdrawn. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Svn To The Principal District Judge, Dharmapuri.

Copy to:

The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.R.Lakshmi Narayanan, Advocate SR.5642 A.S.No.91 of 2014 RGN(CO) CB(28/09/2020) https://hcservices.ecourts.gov.in/hcservices/