Madras High CourtAS/172/2025dismissed as settled out of court

D. Ramachandran v. R. Sampath Naicker

2025-04-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR A.S.No.172 of 2025 and C.M.P.Nos.3668 & 3669 of 2025 D.Ramachandran ... Appellant/Plaintiff -vs1. R.Sampath Naicker

2. Indira

3. The Sub-Registrar, Avadi Sub-Registration Office, Avadi Taluk, Chennai-600 054.

... Respondents/Defendants Prayer: Appeal Suit is filed under Section 96 r/w Order XLI Rule 1 of CPC to set aside the judgment and decree dated 06.11.2024 passed in O.S.No.53 of 2017 on the file of Hon'ble II Additional District and Sessions Judge, Thiruvallur @ Poonamallee and dismiss the suit. For Petitioner : Mr.K.V.Sundararajan For R1 & R2 : Mr.R.Gokul Raj For R3 : Mrs.R.Anitha Spl. Govt. Pleader *****

J U D G M E N T

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Aggrieved over the judgment and decree of the Trial Court, dismissing the suit filed for Specific Performance and Permanent Injunction, the present appeal came to be filed.

2. When the matter is taken up for hearing, the appellant/plaintiff and the respondents 1 & 2/defendants 1 & 2, who all appeared before this Court physically and are identified by their respective counsel, have filed a Memo dated 08.04.2025, wherein it has been stated that the Appellant had received a sum of Rs.4,00,000/- in full quit by way of Demand Draft bearing No.424640 drawn on Karur Vysya Bank dated 07.04.2025 from the respondents 1 & 2 in order to give quietus to the issue.

3. At this juncture, learned counsel for the appellant submitted that the matter has been settled out of the Court and prayed for return of the Court Fee.

4. Recording the Memo dated 08.04.2025 filed by the parties, the instant Appeal Suit is dismissed as settled out of the Court. Registry is directed to return the Court Fee as per Rules. No costs. Consequently, 2/4

connected Miscellaneous Petitions are closed. 08.04.2025 Index: Yes / No Internet: Yes / No ar To:

1. The II Additional District and Sessions Judge, Thiruvallur @ Poonamallee.

2. The Sub-Registrar, Avadi Sub-Registration Office, Avadi Taluk, Chennai-600 054.

3. The Section Officer, V.R.Section, High Court, Madras.

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N.SATHISH KUMAR,J., ar 08.04.2025 4/4