S.Ambiga vs T.Heamachalam
2021 Latest Caselaw 23018 Mad

                                                                                 OSA.No.83 of 2019

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 24.11.2021

                                                           CORAM

                                THE HONOURABLE MR.JUSTICE T.RAJA
                                              and
                       THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                    O.S.A.No.83 of 2019


                     S.Srinivasan (deceased)

                     1.    S.Ambiga
                     2.    Krishnamurthy
                     3.    Dhanalakshmi
                     4.    Saraswathy                                           ... Appellants

                                                               -vs-

                     T.Heamachalam                                               ... Respondent


                                  Original Side Appeal filed under Order 36 Rule 1 of Original Side

                     Rules read with Clause 15 of the Letter Patent read with Order and

                     under Section 13(1) of the Commercial Court Act against the decree

                     and judgment dated 08.12.2017 passed in C.S.No.869 of 2003.


                                             For Appellants    : Ms.S.Vijayalakshmi

                                             For Respondent    : Mr.G.R.M.Palaniappan




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https://www.mhc.tn.gov.in/judis
                                                                                OSA.No.83 of 2019

                                                        JUDGMENT

(Judgment of the Court was pronounced by T.RAJA, J.)

This Original Side Appeal has been filed against the decree and

judgment dated 08.12.2017 passed in C.S.No.869 of 2003 by this

Court.

2. When the matter was called to-day, learned Counsel

appearing for the appellants stated that the dispute between the

parties has already been settled out of court and a memo to that effect

was also filed by the learned Counsel for the appellants on behalf of

the appellants. Therefore, recording the same, the present Appeal

may be closed.

3. Learned Counsel appearing for the respondent also agreed

that the dispute has been settled between the parties out of Court.

4. In this regard it is pertinent to extract the memo dated

24.11.2021 filed on behalf of the appellants before this Court here

under:

https://www.mhc.tn.gov.in/judis OSA.No.83 of 2019

''MEMO FILED ON BEHALF OF THE APPELLANTS It is submitted that the appellants have filed the above O.S.A. against the judgment and decree of this Hon'ble Court dated 08.12.2017 in C.S.No.869 of 2003.

It is further submitted that the appellants have informed that the cause for filing of the Civil Suit and the subsequent O.S.A. has been amicably settled between the parties out of Court and that the aforesaid O.S.A. may be closed.

It is submitted that inasmuch as the dispute between the parties have been settled out of Court, the above O.S.A. may be closed.

It is therefore prayed that this Hon'ble Court may be pleased to take on record this Memo and appropriate Orders may be passed and thus render justice.''

5. In view of the above, recording the statements made on

either side and also the Memo filed on behalf of the appellants, the

Original Side Appeal is dismissed as settled out of Court. No costs. It

is made clear that the Memo dated 24.11.2021 shall form part of the

records. Registry is directed to return half of the court fee to the

appellant as per law.

                                                                     (T.R.J.,)          (D.B.C.J.,)

                     tsi                                                     24.11.2021

https://www.mhc.tn.gov.in/judis OSA.No.83 of 2019

T.RAJA, J.

and D.BHARATHA CHAKRAVARTHY, J.

tsi

OSA.No.83/2019

24.11.2021

https://www.mhc.tn.gov.in/judis OSA.No.83 of 2019

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