R.Ponnan vs P.Perumayee Ammal
2022 Latest Caselaw 1177 Mad

                                                                                    S.A.No.1424 of 2011

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 25.01.2022

                                                        CORAM


                                  THE HONOURABLE MR.JUSTICE R. PONGIAPPAN

                                                  S.A.No.1424 of 2011
                                                          and
                                                    M.P.No.1 of 2011


                  R.Ponnan                                                      .. Appellant

                                                             Vs
                  P.Perumayee Ammal                                             .. Respondent


                  Prayer: The Second Appeal is filed under Section 100 of C.P.C. against
                  the judgment and decree dated 28.02.2011 made in A.S.No.53 of 2010
                  on the file of Additional District Judge, Fast Track Court No.1, Salem,
                  confirming the judgment and decree dated 20.11.2009 made in
                  O.S.No.213 of 2007 on the file of the Principal Subordinate Judge,
                  Salem.

                                  For Appellant          :        Mr.R.Krishna Prasad
                                                                  for M/s.Sarvabhuman Associates

                                  For Respondent         :        Mr.P.Jagadeesan


                                                     JUDGMENT

The learned counsel appearing for the appellant filed a memo for

withdrawing this appeal stating that the dispute between the appellant

and the respondent has been settled in out of Court. The memo filed by

the appellant is recorded.

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

S.A.No.1424 of 2011

2. Further, the learned counsel for the appellant submitted that

pursuant to the order dated 15.12.2011 passed by this Court, the

appellant has deposited a sum of Rs.62,000/- (Rupees Sixty Two

thousand only) to the credit of O.S.No.213 of 2007 on the file of the

Principal Subordinate Court, Salem. Now the learned counsel requested

that the said amount as may be refunded to the appellant.

3. In view of the above submission made by the learned counsel

for the appellant, the Second Appeal is dismissed as withdrawn. The

trial Court (Principal Subordinate Court, Salem) is directed to refund the

amount deposited by the appellant, if any, which is lying in the credit of

O.S.No.213 of 2007. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                                25.01.2022
                                                                                      (2/2)


                  Internet :      Yes/No
                  Index    :      Yes/No
                  rsi

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

S.A.No.1424 of 2011

To

1.The Additional District Judge, Fast Track Court No.1, Salem.

2.The Principal Subordinate Judge, Salem.

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

S.A.No.1424 of 2011

R. PONGIAPPAN, J.

rsi

S.A.No.1424 of 2011 and M.P.No.1 of 2011

25.01.2022 (2/2)

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