Madras High CourtSA(MD)/343/2017dismissed as settled out of court

Upal Raj v. Antony

2022-02-04Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

S.A(MD)No.343 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.A(MD)No.343 of 2017 and C.M.P(MD) No.7288 of 2017 Upal Raj ... Appellant/ 1st Respondent/Plaintiff Vs.

1.Antony 2.John 3.Soosai Michaeal 4.Nesam 5.Kennedy 6.Kumar ... Respondents Prayer : Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 27.01.2016 passed in A.S.No.71 of 2013, on the file of the Subordinate Court, Kuzhithurai, confirming the judgment and decree, dated 17.07.2013 passed in O.S.No.441 of 2008 on the file of the Principal District Munsif Court, Kuzhithurai.

For Appellant : Mr.A.Saravanakumar For Respondents : Mr.C.Godwin - R1

JUDGMENT

The learned counsel appearing for the appellant has filed a memo, dated 04.02.2022, stating that compromise was reached between the parties on 06.07.2021 and the lands which are subject matter of the dispute were sub-divided and due share was given to the appellant. Since the issues have been settled out of Court, prayed to dismiss the Second Appeal as settled out of Court. The said memo is placed on record.

2. In view of the above, the Second Appeal is dismissed as settled out of Court. The appellant is entitled to refund of Court fee, if any, as per law. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) rm https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.343 of 2017 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 Subordinate Court, Kuzhithurai.

2.The Principal District Munsif Court, Kuzhithurai.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

4 The Section Officer, CO Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in S.A(MD)No.343 of 2017 04.02.2022 MK/17.02.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2