S.Senthilkumar vs R.Chandrasekaran
2022 Latest Caselaw 10483 Mad

                                                                                     Order dated : 17.06.2022
                                                                   Civil Miscellaneous Appeal No.819 of 2020

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 17.06.2022

                                                    CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                    Civil Miscellaneous Appeal No.819 of 2020


                S.Senthilkumar
                S/o.Sivagnana Pillai                                                  ... Appellant

                                                       Vs.

                C.Sundari (SD) [died]

                1.R.Chandrasekaran

                2.C.Manogaran
                  S/o.R.Chandrasekaran

                3.C.Balasubramani
                  S/o.R.Chandrasekaran

                [R1 to R3 are legal heirs of deceased C.Sundari]                      ... Respondents

                PRAYER:
                          Civil Miscellaneous Appeal filed under Order 43 Rule 1 of the Code of
                Civil Procedure against the order dated 13.09.2019 passed in I.A.No.1425 of
                2018 in O.S.No.18 of 2014 by the learned Principal District Judge,
                Kancheepuram, Chengalpattu.




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                                                                                       Order dated : 17.06.2022
                                                                     Civil Miscellaneous Appeal No.819 of 2020

                                  For Appellant     :      Mr.R.Sampath Kumar

                                  For Respondents :        Mr.B.Jijaabai [R1]
                                                           No appearance [R2 & R3]
                                                          *****

                                                        JUDGMENT

This appeal arises against the order dated 13.09.2019 passed in

I.A.No.1425 of 2018 in O.S.No.18 of 2014 by the learned Principal District

Judge, Kancheepuram, Chengalpattu.

2. The appellant herein has filed a suit for partition in O.S.18 of 2014 on

the file of District Court, Chengalpattu. The suit was dismissed for default on

11.09.2018 for non-appearance. Hence, the appellant filed I.A.No.1425 of 2018

in O.S.No.18 of 2014 for restoration on 28.09.2018. However, the trial Judge

has dismissed the petition on the ground that the delay was not explained and

documentary evidence was not produced. Challenging such order, the present

appeal has been filed.

3. Heard learned counsel appearing for the appellant and learned counsel

appearing for the first respondent.

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Order dated : 17.06.2022 Civil Miscellaneous Appeal No.819 of 2020

4. Learned counsel appearing for the appellant submits that pending the

appeal, the matter was referred to Mediation Centre wherein the parties have

arrived at a settlement and filed a Joint Memo of Compromise dated

11.03.2022. Learned counsel further submits that since a settlement has been

arrived at between the parties, the present appeal may be disposed of.

5. Learned counsel appearing for the first respondent affirms the

submission of learned counsel appearing for the appellant.

In the aforestated circumstance, the Civil Miscellaneous Appeal is

disposed of recording the settlement arrived at between the parties and the Joint

Memo of Compromise dated 11.03.2022 filed by parties shall form part of the

records. No costs.

17.06.2022

Index : Yes Speaking order gm

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Order dated : 17.06.2022 Civil Miscellaneous Appeal No.819 of 2020

S.M.SUBRAMANIAM., J

gm

Civil Miscellaneous Appeal No.819 of 2020

17.06.2022

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