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Madras High CourtSA(MD)/241/2004dismissed as infructuous

Ramani v. Andal

2023-07-04Honourable Mr Justice P. Velmurugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.Ramani 2.Saminathan 3.Saritha(died) 4.Shanthi 5.Brindha ...Appellants (3rd appellant died and 1st appellant who is already on record is recorded as LR of the deceased 3rd appellant vide Court order dated 19.06.2023 in C.M.P(MD)No.572 of 2017 in S.A(MD)No.241 of 2004) (Minor 5th appellant is declared as major and the guardianship of her mother/1st appellant is discharged vide Court order dated 19.06.2023 in C.M.P(MD)No.571 of 2017 in S.A(MD)No.241 of 2004) vs.

1.Andal 2.Devika

3.Saraswathi 4.Subbulakshmi 5.Banumathi 6.Samiayya 7.P.Panneer Selvam 8.M.Selvaraj ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 09.03.2004 in A.S.No. 106 of 2001 on the file of the Additional District Judge/Fast Track Court No.1, Thanjavur confirming the Judgment and Decree dated 21.09.1999 in O.S.No.382 of 1992 on the file of the Sub Court, Thanjavur. For Appellants 1, 3, 4 and 5 :

Mr.M.Saravanan For Respondents :

Mrs.U.Nirmala Rani for R3 to R5 Mr.R.Sriram for R6 No appearance for R1, R2, R7 and R8

JUDGMENT

Pending Appeal, the parties proceeded with final decree application and entered into a compromise, and to that effect, final decree was also passed. The learned counsel appearing for the appellants has also filed a Memo dated 04.07.2023 to that effect. Memo is hereby recorded.

2. In view of the Memo, nothing survives for further adjudication in this appeal. Therefore, the Second Appeal is dismissed as infructuous. No costs.

04.07.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Additional District Judge/Fast Track Court No.1, Thanjavur 2.The Sub Court, Thanjavur.

3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

P.VELMURUGAN , J.

mbi S.A.(MD)No.241 of 2004 04.07.2023