Madras High CourtSA(MD)/677/2008dismissed as infructuous

Ravindran Fernando v. Sing.Ramachandran

2019-12-16Honourable Mr Justice N. Sathish Kumar2 pages

SA(MD).No.677 of 2008 and MP(MD).No.1 of 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR SA(MD).No.677 of 2008 and MP(MD).No.1 of 2008 Ravindran Fernando ...Appellant / 1st respondent / 1st defendant Vs.

1.Sing. Ramachandran .. 1st respondent / Appellant/ plaintiff 2.A.Sivasubramanian (died) (Memo presented in Court on 11.08.2009 and the same has been recorded, vide order dated 11.08.2009 made in M.P.No. 1 of 2009) 3.Shanmugavalli 4.Tamilmani 5.Sivakamu 6.Suseela : Respondents 2 to 6 /Respondents 2 to 6/ Defendants 2 to 6 (Respondents 3 to 6 set ex parte before the first appellate Court and hence, given up) Prayer: This Second Appeal is filed under Section 100 CPC against the reversing Judgment and decree in A.S.No. 26 of 2004 dated 26.03.2008 on the file of the Additional Subordinate Judge, Thanjavur filed against the Judgment and Decree in O.S.No.145 of 2002 on the file of the District Munsif, Thanjvur, dated 03.09.2004. For appellant : Mr. M.P.Senthil For 1st respondent : Mr. M. Suresh

JUDGMENT

Reversing the Judgment of the Trial Court in O.S.No. 145 of 2002, which has been filed to declare the Judgment and Decree obtained in O.S.No.116 of 1993 is not valid by cancelling the decree, the first appellate Court allowed the appeal and cancelled the decree and Judgment obtained in O.S.No. 116 of 1993, as against which the present Second Appeal is filed by the appellant / first defendant.

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SA(MD).No.677 of 2008 and MP(MD).No.1 of 2008

2. Today, when the matter came up for hearing, the learned counsel appearing for the first respondent / plaintiff produced a copy of the award passed in Lok Adalat dated 29.04.2016 in O.S.No.383 of 2011 on the file of the District Munsif Court, Thanjavur. The agreement reached between the parties makes it clear that the parties have settled their dispute and reached the terms in the agreement specified between the parties. The said settlement is also binding on this Second Appeal i.e., S.A.No.677 of 2008, which is pending before this Court.

3. In view of the above settlement reached between the parties nothing survives for adjudication in this Second Appeal and hence, the Second appeal is dismissed as infructuous. The copy of the Lok Adalat Award dated 29.04.2016 placed by the learned counsel appearing for first respondent / plaintiff shall form part of this order. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Trp Encl: Xerox copy of Lok Adalat Award dated 29.04.2016 To 1.The Additional Subordinate Judge, Thanjavur 2.The District Munsif, Thanjvur, +1 CC to Mr.M.P.SENTHIL, Advocate ( SR-105285[F] dated 17/12/2019 ) +1 CC to Mr.M.SURESH, Advocate ( SR-105242[F] dated 17/12/2019 ) SA(MD).No.677 of 2008 and MP(MD).No.1 of 2008 16.12.2019 VB(21.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2