M/S. Mettupalayam Real Estates v. Brindhakumari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.19631 of 2022 M/s.Mettupalayam Real Estates, Represented by its Partner N.Ramasamy, D.No.206-A, Annur Road, Mettupalayam - 641 301, Coimbatore District.

... Appellant Vs.

1. Brindhakumari

2. Sridevi

3. C.P.Supraja

4. Vasanthi

5. Syed Ashik Hameed

6. K.Samraj

7. S.Chinnasamy

8. V.Indirani ... Respondents PRAYER: Appeal Suit filed under Section 96 read with Order 41 Rule 1 of C.P.C., pleased to set aside the Judgement and Decree in O.S.No.713 of 2009 dated 30.08.2022 passed by the learned III Additional District Judge, Coimbatore and thereby, dismiss the suit in O.S.No.713 of 2009 with exemplary costs.

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For Appellant : Mr.M.Mohamed Riyaz For Respondents : Mr.G.K.Muthu Kumar for Mr.A.Ram Kumar for R1 to R4, R6 to R8

JUDGMENT

Learned counsel appearing for the appellant seeks permission of this Court to withdraw this appeal suit, since the matter has been settled between the parties and he has also filed a Memo dated 14.07.2023 to that effect.

2. In view of the memo filed by the learned counsel appearing for the appellant stating that the matter has been settled out of the Court, this Appeal Suit stands dismissed as withdrawn. However, as per the Judgment passed by the Hon'ble Apex Court reported in (2021) 3 SCC 560, the sole appellant is entitled to refund of the Court fee as per the entitlement. No costs. Consequently, connected miscellaneous petition is closed. 20.07.2023 ham Index : Yes / No Speaking / Non-speaking 2/3

A.D.JAGADISH CHANDIRA.,J.

ham To The Section Officer, VR Section, High Court of Madras. and C.M.P.No.19631 of 2022 20.07.2023 3/3