K.Subramani v. B.Balaguruprakash

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)NO.429 OF 2015 K.Subramani :Plaintiff/Appellant/Appellant .vs.

1.B.Balaguruprakash 2.B.Sivakumar 3.B.Nagarathinam :Defendants/Respondents/Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.43 of 2007, dated 09.10.2012, on the file of Principal District Judge, Dindigul confirming the judgment and decree made in O.S.No.152 of 2005, dated 16.4.2007, on the file of Subordinate Judge, Palani. For Appellant :Mr.K.Govindarajan For Respondents :Mr.H.Lakshmi Shankar 1 and 3 For Respondent-2 :No appearance

JUDGMENT

************* When the matter is taken up for hearing today, the learned counsel for the appellant filed a memo stating that the dispute

between the parties was settled and the third respondent along with others have executed a Sale Deed, dated 03.01.2024 in favour of the appellant. It is further stated that the appellant has taken possession of the suit property and hence, the Second Appeal may be closed, by recording the memo. The memo is counter-signed by the appellant/K.Subramani.

2.Recording the memo filed by learned counsel for the appellant, dated 28.02.2024, this Court is inclined to dispose of the Second Appeal in terms of the said memo and accordingly, the Second Appeal stands disposed of in terms of the said memo. There is no order as to costs.

03.04.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Principal District Judge, Dindigul.

2.The Subordinate Judge, Palani.

3.The Record Keeper, Vernacular Section,

Madurai Bench of Madras High Court, Madurai.

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A(MD)NO.429 OF 2015 03.04.2024