Madras High Court
P.P. Vasantha vs B.S.Hemavathy on 7 June, 2022
O.S.A.Nos. 202 to 204 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2022
CORAM :
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE JUSTICE MR. SUNDER MOHAN, J
O.S.A.Nos. 202 to 204 of 2020
and C.M.P. Nos.10371 of 2020 and 5869 of 2021
P.P. Vasantha .. Appellant in all OSAs
v.
1. B.S.Hemavathy
2. B.S.Sujatha Visalakshmi
3. B.S. Prasannakumar
4. Mrs. Varalakshmi
5. Murugan Battery Company,
No.53-AF Block, Plot No.2199,
11th Main Road,
Anna Nagar, Chennai – 600 040.
6. Nachiyar Mess,
No.53-AFBlock, Plot No.2199,
11th Main Road,
Anna Nagar, Chennai – 600 040.
7. United Motors,
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O.S.A.Nos. 202 to 204 of 2020
No.53-AFBlock, Plot No.2199,
11th Main Road,
Anna Nagar, Chennai – 600 040.
8. Visa Telecoms,
No.53-AFBlock, Plot No.2199,
11th Main Road,
Anna Nagar, Chennai – 600 040.
(R4 to R8 impleaded as party respondents
vide court order dated 01.03.2021 in O.S.A.
Nos. 202 to 204 of 2020)
.... Respondents in all
OSAs
O.S.A.No. 202/2020 Original Side Appeal filed under Clause 15 of
Letters Patent and Order 36 Rule 9 of Original Side Rules to set aside the
judgment and decree made in T.O.S. No..7 of 2005, dated 23.08.2018.
O.S.A.No. 203/2020 Original Side Appeal filed under Clause 15 of
Letters Patent and Order 36 Rule 9 of Original Side Rules to set aside the
judgment and decree made in T.O.S. No.8 of 2005, dated 23.08.2018.
O.S.A.No. 204/2020 Original Side Appeal filed under Clause 15 of
Letters Patent and Order 36 Rule 9 of Original Side Rules to set aside the
judgment and decree made in Transfer C.S. No.80 of 2016, dated
23.08.2018.
For Appellant : Mr. V.Balasubramanian (in all OSAs)
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O.S.A.Nos. 202 to 204 of 2020
For Respondents : Mr. T.Karunakaran – R1 to R3 (in all OSAs)
Mrs. D. Veda, Advocate Commissioner
COMMON JUDGMENT
(Order of the Court made by M.DURAISWAMY,J.)
When the Original Side Appeals are taken up for hearing,
Mr. V.Balasubramanian and Mr. T.Karunakaran, learned counsel
appearing for the respondents 1 to 3 submitted that the parties had
settled the matter amicably out of court hence, nothing survives for
adjudication in the Original Side Appeals. The learned counsel on either
side also filed a joint memo dated 07.06.2022 signed by the appellant and
the respondents as well as their respective counsels. The appellant and
the respondents 1 to 3, who are also present in the court acknowledged
the due execution of the joint memo.
2. In view of the submissions made by the learned counsel on
either side and also the joint memo dated 07.06.2022 filed by the parties,
the Original Side Appeals are liable to be dismissed.
3.1 The learned Advocate Commissioner has filed a memo dated
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O.S.A.Nos. 202 to 204 of 2020
06.06.2022 seeking for additional remuneration. The learned Advocate
Commissioner has stated that she had executed the the order of this court
on 08.05.2022 and also spent the whole day in taking possession of the
property. She has also handed over the keys of the premises to the
learned counsel for the appellant and the respondents 1 to 3.
3.2 The learned counsel appearing for the appellant and the
respondents 1 to 3 submitted that a further sum of Rs.1,00,000/- [Rupees
one lakh only] may be granted as additional remuneration to the
Advocate Commissioner payable equally by the appellant and the
respondents 1 to 3.
3.3 In view of the submissions made by the learned counsel on
either side, we direct the appellant and the respondents 1 to 3 to pay a
consolidated sum of Rs.1,00,000/- [Rupees one lakh only] to the learned
Advocate Commissioner within one week from today. It is made clear
that the appellant shall pay a sum of Rs.50,000/- [Rupees fifty thousand
only] and the respondents 1 to 3 shall pay the balance amount of
Rs.50,000/- [Rupees fifty thousand only] to the Advocate Commissioner.
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O.S.A.Nos. 202 to 204 of 2020
The memo is recorded.
With the above observations, the Original Side Appeals are
dismissed. No costs. Consequently, the connected Miscellaneous
Petitions are closed.
[M.D., J.] [S.M., J.]
07.06.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
M. DURAISWAMY, J.
and
SUNDER MOHAN, J
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O.S.A.Nos. 202 to 204 of 2020
Rj
O.S.A.Nos. 202 to 204 of 2020
and C.M.P. Nos.10371 of 2020 and 5869 of 2021
07.06.2022
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