P.Ramalakshmi vs Iyyamperumal (Died)
2021 Latest Caselaw 1998 Mad

                                                                                   S.A.No.1226 of 2004

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATE: 29.01.2021

                                                     CORAM:

                           THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                S.A.No.1226 of 2004

                 P.Ramalakshmi                                                ... Appellant
                                                       Vs.

                 1.Iyyamperumal (Died)
                 2.Subbulakshmi
                 3.Ramalakshmi
                 4.Mahalakshmi
                 5.Madasamy (Minor)
                   (Minor R5 represented through the Mother
                   & natural guardian R2)
                    (Respondents 2 to 5 are brought on record as LRs of the
                    deceased sole respondent vide order dated 08.01.2021
                    made in M.P.(MD)Nos.1 to 3 of 2012)                       ... Respondents


                 PRAYER: This Second Appeal is filed under Section 100 of Civil Procedure
                 Code, against the judgment and decree in A.S.No.158 of 2002 on the file of the
                 Principal District Judge, Tuticorin, dated 29.09.2003 confirming the judgment and
                 decree in O.S.No.67 of 1999 on the file of the Sub-Court, Tuticorin, dated
                 07.10.2002.


                 1/4
http://www.judis.nic.in
                                                                                     S.A.No.1226 of 2004




                              For Appellant      : Mr.Chidambaram for M/s.R.Manimaran
                              For Respondents : Mr.M.P.Senthil for R2 to R4




                                               JUDGMENT

This Second Appeal has been filed against the judgment and decree in

A.S.No.158 of 2002 on the file of the Principal District Judge, Tuticorin, dated

29.09.2003, confirming the judgment and decree in O.S.No.67 of 1999 on the file

of the Sub-Court, Tuticorin, dated 07.10.2002.

2. When the matter came up for hearing, the learned counsel appearing

for the respondents/decree holder submitted that the matter has already been

settled out of Court and they have received the advance amount paid by them,

though the suit has been decreed in their favour. The said submission is recorded.

3. The learned counsel appearing for the appellant submits that the

matter has been settled out of Court and the respondents have received the money

and they are not interested in getting the sale deed.

http://www.judis.nic.in S.A.No.1226 of 2004

4. In such view of the matter, the finding of the Courts below, decreeing

the suit for specific performance, is set aside and this Second Appeal is disposed

of as settled out of Court. No costs.

29.01.2021 Index : Yes/No Internet : Yes/No vsm

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 Principal District Judge, Tuticorin.

2.The Subordinate Judge, Tuticorin.

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

http://www.judis.nic.in S.A.No.1226 of 2004

N.SATHISH KUMAR, J.

vsm

S.A.No.1226 of 2004

29.01.2021

http://www.judis.nic.in