Mabel Glory Benjamin vs Kanagamony
2021 Latest Caselaw 10100 Mad

                                                                       S.A.(MD)No.351 of 2011

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Date :20.04.2021

                                                 CORAM :

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          S.A.(MD)No.351 of 2011

                1.Mabel Glory Benjamin

                2.Benjamin C.K.Singh                                  ... Appellants
                                                             -Vs-


                1.Kanagamony

                2.Sheela Rukmoni Joseph                              ...Respondents


                PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code,
                against the Judgment and decree dated 30.09.2010 and made in A.S.No.41 of
                2009 on the file of the Court of the District Judge, Kanyakumari District at
                Nagercoil confirming the Judgment and Decree dated 23.07.2009 and made in
                O.S.No.82 of 2005 on the file of the Subordinate Judge, Padmanabhapuram.


                                            For Appellants : G.Pitchaimani
                                                                for Mr.K.N.Thampi
                                            For R1        : Mr.Xavier Rajini
                                            For R2        : Mr.Ragadeesh Kumar
                                                            for M/s.Isaac Chamber




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                                                                                  S.A.(MD)No.351 of 2011




                                                       JUDGMENT

The unsuccessful defendants in the suit are the appellants. O.S.No.82

of 2005 on the file of the Sub Court, Padmanabhapuram was filed by the

respondents herein for recovering a sum of Rs.3,29,400/- from the appellants.

The suit was decreed on 23.07.2009. Questioning the same, the appellants filed

A.S.No.41 of 2009 before the District Judge, Kanyakumari, at Nagercoil. By

Judgment and Decree dated 30.09.2010, the appeal was dismissed. Questioning

the same, the second appeal came to be filed.

2.When the matter was taken up for final hearing, the learned counsel

for the respondents submitted that the first respondent had passed away some

four years ago and the second respondent, who was one of the plaintiffs, had

given in writing that the entire issue has been settled out of the Court. Of-

course, the appellant's counsel does not have any instructions. But when the

plaintiff's counsel make a statement, this Court has to necessarily accept the

said submission.

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S.A.(MD)No.351 of 2011

3.Recording the statement given by the learned counsel for the

respondents, this second appeal is disposed of as settled out of the Court. No

costs.

20.04.2021 Internet : Yes/No Index : Yes/No rmi

To

1.The Subordinate Judge, Padmanabhapuram.

2. The District Judge, Kanyakumari District at Nagercoil.

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

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S.A.(MD)No.351 of 2011

G.R.SWAMINATHAN, J.

rmi

S.A.(MD)No.351 of 2011

20.04.2021

https://www.mhc.tn.gov.in/judis/