Mohammed Hammed v. S.K.Mahalingam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)Nos.670, 672 & 673 of 2010
1. Mohammed Hammed
2. Mohammed Shajeed
3. Mohammed Shakeed
4. Mohammed Javeed
5. Mohammed Khaleed ... Appellants / Appellants / Defendants 4 to 8 / Vs.
1. S.K.Mahalingam, S/o.Sappani Pillai, Proprietor, Renuka Fancy Mart, 17, Singarathope, Trichy - 620 008.
2. A.L.Anwar Basha
3. M.A.Babjan
4. Sabitha Begam ... Respondents / Respondents / Plaintiff, Defendants 1,2 & 9 Prayer: Second appeal filed under Section 100 of C.P.C., against the Judgment and Decree in A.S.No.178 of 2008 dated 19.03.2009 on the file of the Principal District Judge, Thiruchirappalli, confirming the Judgment and Decree in O.S.No.719 of 1989 dated 24.03.2008 on the file of the I Additional Subordinate Judge, Thiruchirappalli.
ii) in S.A.(MD)No.672 of 2010
1. Mohammed Hammed
2. Mohammed Shajeed
3. Mohammed Shakeed
4. Mohammed Javeed
5. Mohammed Khaleed ... Appellants / Appellants / Defendants 4 to 8 1/4
Vs.
1. C.Chandra
2. C.Anuradha
3. A.L.Anwar Basha
4. M.A.Babjan
5. Sabitha Begam ... Respondents / Respondents / Plaintiffs 2&3, Defendants 1,2 & 9 Prayer: Second appeal filed under Section 100 of C.P.C., against the Judgment and Decree in A.S.No.217 of 2008 dated 19.03.2009 on the file of the Principal District Judge, Thiruchirappalli, confirming the Judgment and Decree in O.S.No.684 of 1993 dated 24.03.2008 on the file of the I Additional Subordinate Judge, Thiruchirappalli.
iii) in S.A.(MD)No.673 of 2010
1. Mohammed Hammed
2. Mohammed Shajeed
3. Mohammed Shakeed
4. Mohammed Javeed
5. Mohammed Khaleed ...Appellants / Appellants / Defendants 4 to 8 Vs.
1. Mahaboob Bibi
2. H.Thaheer Ahmed
3. A.L.Anwar Basha
3. M.A.Babjan
4. Sabitha Begam ... Respondents / Respondents / Plaintiffs 2 & 3, Defendants 1,2 & 9 Prayer: Second appeal filed under Section 100 of C.P.C., against the Judgment and Decree in A.S.No.216 of 2008 dated 19.03.2009 on the file of the Principal District Judge, Thiruchirappalli, confirming the Judgment and Decree in O.S.No.722 of 1989 dated 24.03.2008 on the file of the I Additional Subordinate Judge, Thiruchirappalli.
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(in all S.As.) For Appellants : Mr.K.Govindarajan For R-1 : Mr.K.K.Senthil * * * C O M M O N J U D G M E N T The learned counsel appearing for the contesting respondent reports no instructions.
2. The learned counsel appearing for the appellants in all three second appeal states that the matters have been amicably settled and that the parties have also filed a memo of compromise before the Court below as early as in the year 2010 itself. It is also stated that the appellants have taken possession of the suit properties also. Copies of the memo filed by the parties before the executing Court have also been filed.
3. These second appeals are disposed of by recording the aforesaid submission made by the learned counsel appearing for the appellants. No costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1. The Principal District Judge, Thiruchirappalli.
2. The I Additional Subordinate Judge, Thiruchirappalli.
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3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2COPIES) +3 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-12130 to 12131[F] dated 15/03/2022 ) S.A.(MD)Nos.670, 672 & 673 of 2010 14.03.2022 SS/25.03.2022 : 4P/8C 4/4