R.Anbarasu v. R.Karunanidhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Cros.Obj.No.57 of 2018 A.S.No.560 of 2017:

R.Anbarasu S/o.Ranganathan ..Appellant Vs.

R.Karunanidhi S/o.Ranganathan ..Respondent Prayer:

Appeal filed under Section 96 r/w. Order 41 Rule 1 of C.P.C. against the judgment and decree dated 27.06.2017 made in O.S.No.70/2013 on the file of the Principal District Judge, Kancheepuram District at Chengalpattu.

For Appellant : Mr.S.Krishnasamy For Respondent : Mr.P.Subba Reddy Page 1/4

Cros.Obj.No.57 of 2018 :

R.Karunanidhi S/o.Ranganathan ..Cross appellant / Respondent Vs.

R.Anbarasu S/o.Ranganathan ..Appellant / Respondent Prayer:

Appeal filed under Order 41 Rule 22 of C.P.C. to allow the cross appeal to the extent of clause 3 and portion of clause 4 of the judgment and decree dated 27.06.2017 made in O.S.No.70/2013 on the file of the Principal District Judge, Kancheepuram District at Chengalpattu. For Appellant/Cross objector : Mr.P.Subba Reddy For Respondent : Mr.S.Krishnasamy COMMON JUDGMENT (The judgment of the Court was delivered by Mrs.J.Nisha Banu,J.) When the matter is taken today, the learned counsel for the appellant as well as the respondent / cross objector filed a memo seeking withdrawal of the appeal and the cross objection. The said memo dated 31.08.2024 reads as follows:

''The above named appellant and the respondent beg to submit as follows:

In pursuance of orders dated 17.04.2024 and 01.08.2024 of this Court the appellant has remitted a total sum of Rs.3,15,00,000/- (Rupees Three Crores Fifteen lakhs Page 2/4

only) to the respondent on 21.08.2024. The respondent on receipt of the said amount has executed and registered a Release Deed in favour of the appellant releasing his undivided half share in the suit property to the appellant. The respondent has agreed and undertaken to handover vacant possession of the portion in his occupation in the suit property to the appellant on 31.08.2024. Since the Memo of Compromise is satisfied the appellant and the respondent pray that this Court may be pleased to permit them to withdraw the above appeal and the cross objection by recording this memo and thus render justice.

"The respondent has handed over possession of his portion in the suit property along with the key. The appellant has taken possession and obtained key.'' The above said Memo is recorded. Therefore, the Appeal and the Cross Objection are dismissed as withdrawn. No costs. (J.N.B,J.) (N.S., J.) Index : Yes / No 02.09.2024 Internet : Yes vsi To The Principal District Judge, Kancheepuram District, Chengalpattu. J. NISHA BANU, J.

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N.SENTHILKUMAR,J.

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