Madras High Court
M/S.C.S.I.Trust Association vs M/S.Prasad Associates on 24 June, 2022
A.S.No.256 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
A.S.No.256 of 2007
M/s.C.S.I.Trust Association
a Company registered under the
Indian Companies Act, 1930, having
its Office at Chennai, represented
by its duly constituted Power of
Attorney Rt.Rev.Dr.M.Dorai,
Son of Late M.Manickam
Bishop in Coimbatore Diocese and
Mr.P.S.Swamidoss
Son of Late S.Ponniah
Hon.Treasurer and their Successors
duly appointed by the Plaintiff
from time to time ... Appellant
Vs.
1.M/s.Prasad Associates
a Firm by its Partner
M.V.Prasad, No.2
Seetharam Avenue
Saradha College Road
Salem – 636 007.
1/5
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A.S.No.256 of 2007
2.M.V.Prasad
3.Mudhra Prasad
4.M.Seetharamaiah ... Respondents
Prayer: First Appeal is filed under Section 96 of the Code of Civil Procedure,
against the judgment and decree dated 18.08.2006 made in O.S.No.128 of
2004 on the file of the Additional District Court, Fast Track Court No.I,
Salem.
For Appellant : Mr.A.Immanuel
For R1 to R3 : Mr.Francis Cedric D'cruz
for Mr.P.B.Ramanujam
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
This First Appeal has been filed against the judgment and decree dated
18.08.2006 made in O.S.No.128 of 2004 on the file of the Additional District
Court, Fast Track Court No.I, Salem.
2.The appellant as a plaintiff filed a suit in O.S.No.128 of 2004 on the
file of the Additional District Court, Fast Track Court No.I, Salem, against the
respondents for recovery of possession and arrears of rent. The said suit was
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A.S.No.256 of 2007
dismissed by the judgment and decree dated 18.08.2006. Challenging the said
judgment and decree, the appellant has come out with the present appeal.
3.When the appeal is taken up for hearing, the learned counsel
appearing for the appellant as well as the respondents submitted that the
parties have entered into compromise, arrived at settlement and filed joint
memo of compromise dated 29.04.2022, before the Tamil Nadu Median and
Conciliation Centre, attached to this Court. As per the order of this Court
dated 13.06.2022, the appellant produced Power of Attorney dated
07.09.2021 and Authorisation letter issued by the Church of South India Trust
Association, Coimbatore Diocese dated 02.04.2022 authorising
Administrative Committee of the CSI Coimbatore Diocese viz., (1)
Rt.Rev.Timothy Ravinder, Bishop (2) Mr.Arthur Sadhanandham, Finance
Administrator and (3) Mr.Rev.L.David Barnabas, Administrative Secretary to
negotiate the settlement in the mediation process with respondents.
4.Today, the appellant, respondents and Mr.Rev.L.David Barnabas,
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A.S.No.256 of 2007
Administrative Secretary of CSI Coimbatore Diocese, appeared before this
Court. They were identified by their respective counsel. The Joint Memo
of Compromise dated 29.04.2022, duly signed by both the appellant as well
as respondents and their respective counsel, Finance Administrator,
Administrative Secretary and Convenor-Legal Committee, CSI Coimbatore
Diocese, is taken on file and the same is recorded. Recording the Joint Memo
of Compromise and the submissions of the learned counsel appearing for the
appellant as well as the respondents, this First Appeal is allowed. The Joint
Memo of Compromise shall form part of the decree. No costs.
(V.M.V., J) (S.S., J)
24.06.2022
Index : Yes / No
kj
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A.S.No.256 of 2007
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
kj
To
1.The Additional District Judge,
Fast Track Court No.I, Salem.
2.The Section Officer
VR Section
High Court
Madras.
A.S.No.256 of 2007
24.06.2022
https://www.mhc.tn.gov.in/judis
