P.Prema (Died) vs Sivagamu Ammal
2021 Latest Caselaw 19450 Mad

                                                                           A.S.(MD)No.117 of 2019

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 22.09.2021

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             A.S.(MD)No.117 of 2019


                   1.P.Prema (Died)

                   2.V.Renuka Devi                             ... Appellants / Defendants

                    (This Court vide order dated 22.09.2021 in C.M.P.(MD)No.7459 of 2021
                     recorded the second appellant as the legal heir of the first appellant)

                                                    -Vs-
                   Sivagamu Ammal                               ... Respondent / Plaintiff


                   PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
                   against the judgment and decree dated 24.09.2018 passed in O.S.No.174 of
                   2013 on the file of the I Additional District Judge (PCR), Tiruchirapppalli.


                                       For Appellants       : Mr.M.Saravanan
                                                            for Mr.R.Subramanian


                                                  JUDGMENT

This appeal is directed against the judgment and decree dated

24.09.2018 passed in O.S.No.174 of 2017 on the file of the first Additional

District Judge (PCR), Tiruchirappalli.

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

A.S.(MD)No.117 of 2019

2.The respondent herein namely Sivagamu Ammal filed the said suit

for recovery of a sum of Rs.15,75,675/-. The suit was decreed. Aggrieved

by the same, the defendant has filed this appeal. During the pendency of

the appeal, the matter has been settled out of the Court. A memo to this

effect has also been filed. The learned counsel for the appellants informs

the Court that the appeal can be dismissed as withdrawn. The memo dated

26.08.2021 is taken on record.

3.In view of the above, the appeal is dismissed as withdrawn. Since

the matter has been settled out of the Court, in view of the judgment of the

Hon'ble Supreme Court passed in SLP (Civil)Nos.3063 and 3064 of 2021,

Registry is directed to refund the court fee paid by the appellant. Since the

first appellant has passed away, the court fee shall be refunded to the

second appellant. No costs.

22.09.2021

Internet : Yes/No Index : Yes/No rmi

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

A.S.(MD)No.117 of 2019

To

I Additional District Judge (PCR), Tiruchirapppalli.

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

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

A.S.(MD)No.117 of 2019

G.R.SWAMINATHAN.J.,

rmi

Judgment made in

A.S.(MD)No.117 of 2019

22.09.2021 (3/3)

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