P.M.Murugesan vs S.Poonkodi ... 1St
2021 Latest Caselaw 20565 Mad

                                                           1                A.S.(MD)NO.131 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 06.10.2021

                                                        CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           A.S.(MD)No.131 of 2021 and
                                           C.M.P.(MD)No.4380 of 2021


                     S.M.Natarajan (Died)                           ... 1st Defendant

                     1. P.M.Murugesan
                     2. T.Jeya                                      ... Appellants 1 & 2 /
                                                                         Defendants 2 & 3
                     3. Pandiammal
                     4. R.Prabhu
                     5. R.Gowtham                                   ... Appellants 3 to 5 /
                                                                         Defendants 10 to 12
                     6.    Chellamanickam
                     7.    N.Udhayakumar
                     8.    N.Muthu Prakash
                     9.    R.Rajarajeswari                      ... Proposed appellants /
                                                               Heirs of Late S.M.Natarajan


                                                           Vs.


                     1. S.Poonkodi                             ... 1st Respondent / Plaintiff

                     2.    J.Chandra
                     3.    Indira
                     4.    S.Sudha
                     5.    Shanmugavalli
                     6.    Minor Jai Sivaram
                     7.    Minor Hari Sivaram
                        (Respondents 6 and 7 minors are rep. by the fifth
                     respondent/mother/guardian)
                                                               ... Respondents 2 to 7 /
                                                                     Defendants 4 to 9
https://www.mhc.tn.gov.in/judis/
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                                                             2                  A.S.(MD)NO.131 OF 2021



                                   Prayer: Appeal suit filed under Order 41 Rule 1 r/w.
                     Section 96 of C.P.C., to set aside the judgment and decree
                     passed in O.S.No.49 of 2016 on the file of the VI Additional
                     District Judge, Madurai, dated 30.08.2019.


                                   For Appellants     : Mr.S.C.Herold Singh

                                   For R-1            : Mr.J.Barathan,
                                                        for Mr.T.R.Jeyapalam.


                                                         ***


                                                   JUDGMENT

This appeal arises out of a suit for specific

performance.

2. The appellants have already executed a sale deed

in favour of the first respondent. The learned counsel on

either side inform the Court that the matter has been settled

out of Court. The learned counsel appearing for the appellants

informs the Court that he would also file a written memo in a

day or two.

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

3 A.S.(MD)NO.131 OF 2021

3. Recording the said submission, this appeal is

dismissed as settled out of Court. Since the matter has been

settled out of Court, Registry is directed to return the Court

fee to the appellants. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                              06.10.2021

                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

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 VI Additional District Judge, Madurai.

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

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

4 A.S.(MD)NO.131 OF 2021

G.R.SWAMINATHAN,J.

PMU

A.S.(MD)No.131 of 2021 and C.M.P.(MD)No.4380 of 2021

06.10.2021

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