Malarkodi v. Kalanesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.M.P(MD)No.2962 of 2020 in 1.Malarkodi 2.Minor.Hari Sankardoss (Represented by Mother / Natural Guardian 1st Appellant) ... Petitioners / Appellants Vs 1.Kalanesan 2.Residential Medical Officer Government Hospital, Aranthangi.

3.The Deputy Director, Deputy Director Health Science, Pudukkottai.

... Respondents Prayer in C.M.P(MD)No.2962 of 2020 : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 344 days in filing the Second Appeal.

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Prayer in S.A.(MD)No.SR88139 of 2019 : Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree passed in A.S.No.21 of 2016 on the file of the Principal District Judge, Pudukkottai dated 26.06.2018 concurrent the judgment and decree passed in O.S.No.95 of 2011 dated 04.06.2016 on the file of the Subordinate Court, Pudukkottai, by allowing the Second Appeal. For Petitioners : Mr.K.Baalasundharam For R1 : Mr.R.Prasanna For R2 and R3 : Mr.D.S.Nedunchezhian Government Advocate

ORDER

When the matter came up for hearing on 03.06.2024, learned counsel for the petitioner would submit that the matter has been settled between the parties before the Lok Adalat and nothing survives for further adjudication in this case.

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2. In view of the above submission, this Civil Miscellaneous Petition is closed and the Second Appeal is rejected at the SR stage itself. However, the Court fee paid, may be refunded to the parties as per Rules. 03.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To

1. The Principal District Judge, Pudukkottai. 2.Residential Medical Officer, Government Hospital, Aranthangi. 3.The Deputy Director, Deputy Director Health Science, Pudukkottai. 4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

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ORDER

IN C.M.P(MD)No.2962 of 2020 in 03.06.2024 4/4