Madras High Court
G.Srinivasalu vs Npl Anjil Residents Welfare ... on 20 April, 2022
C.M.A.No.418 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2022
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
Civil Miscellaneous Appeal No.418 of 2013
& M.P.Nos.1 & 2 of 2013
1. G.Srinivasalu
2. Usha Devi Srinivasalu ... Appellants
Vs.
1. NPL Anjil Residents Welfare Association,
Rep. by Secretary K.M.Rathi
[Cause title amended vide Order of this
Court, dated 18.10.2009 in CMA.418 of 2013
by VBSJ]
2. The Commissioner,
Corporation of Chennai,
Rippon Buildings, Chennai – 600 003.
3. The Chennai Metropolitan Development Authority,
Rep. by its Managing Director,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008. ... Respondents
Civil Miscellaneous Appeal is filed under Order 43 Rule [1] ]V] of CPC
against the judgment and decree granted in A.S.No.413 of 2011 dated
03.10.2012 on the file of the III Additional City Civil Court, Chennai
remanding the judgment and decree dated 22.3.2011 in I.A.No.22642 of 2010
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C.M.A.No.418 of 2013
in O.S.12657 of 2010 on the file of the VII Assistant Judge, City Civil Court,
Chennai.
For Appellants : Mr.N.Suresh
JUDGMENT
This Miscellaneous Appeal has been filed by the appellants against
the judgment and decree granted in A.S.No.413 of 2011 dated 03.10.2012 on
the file of the III Additional City Civil Court, Chennai remanding the judgment
and decree dated 22.3.2011 in I.A.No.22642 of 2010 in O.S.12657 of 2010 on
the file of the VII Assistant Judge, City Civil Court, Chennai.
2. When the matter was taken up today, the learned counsel for the
appellants submitted that the matter has been amicably settled between them
and the Joint memo dated 11.04.2022 has also been filed by the parties wherein
they have agreed as follows :
“It is submitted that the first respondent is the
plaintiff before the Court below in O.S.12657 of 2010 on the
file of the learned VII Assistant Judge, City Civil Court,
Chennai. As against the rejection of the plaint, the matter is
now pending before the Hon'ble Court. At this stage parties
have arrived common understanding and they have decided that
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C.M.A.No.418 of 2013
the issues between them would be resolved in the apartment
complex itself. Hence, the 1st respondent/plaintiff and the
appellant/defendants have decided that the suit pending in
O.S.12657/2010 will be withdrawn and the suit has to be
dismissed as withdrawn. The joint memo filed before this
Hon'ble Court by both parties signed may be taken on record
for the purpose of dismissal of the suit in O.S.12657/2010 on
the file of the learned VII Assistant Judge, City Civil Court,
Chennai as withdrawn by this Hon'ble Court itself.
Hence, it is prayed for both parties that the suit in
O.S.No.12657/2010 on the file of the learned VII Assistant
Judge, City Civil Court, Chennai may be dismissed as
withdrawn and the appeal may also be consequently closed.”
3. In view of the Joint Memo filed by the parties, this Civil
Miscellaneous Appeal is disposed of in terms of the Joint Memo filed by the
parties. The above Joint Memo shall form part of the decree. Consequently,
connected miscellaneous petitions are closed. No costs.
20.04.2022
Index:Yes/No
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https://www.mhc.tn.gov.in/judis
C.M.A.No.418 of 2013
To
1. The III Additional Judge,
City Civil Court, Chennai.
2. The VII Assistant Judge,
City Civil Court, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.418 of 2013
J.NISHA BANU, J.
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C.M.A.No.418 of 2013
20.04.2022
https://www.mhc.tn.gov.in/judis
