Gemini International vs Mohana Prasad
2023 Latest Caselaw 16053 Mad

Madras High Court

Gemini International vs Mohana Prasad on 11 December, 2023

Author: R.Subramanian

Bench: R.Subramanian

                                                                          O.S.A.Nos.225 and 226 of 2015



                                    THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 11.12.2023
                                                       CORAM:
                                  THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
                                                    AND
                                  THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

                                             O.S.A.Nos.225 and 226 of 2015
                                     and all the connected Miscellaneous Petitions


                     OSA.No.225 of 2015:

                     1.Gemini International,
                       A registered Partnership Firm
                       Rep. by its Managing Partner,
                       A.P.Dwarakanath,
                       No.80, Ramasamy Street,
                       Mannady, Chennai – 600 001.

                     2.A.P.Dwaraknath (Died)

                     3.D.Mahesh

                     4.Kasturi Dwaraknath

                        [Appellants 3 and 4 are the legal
                        representatives of the deceased 2nd appellant
                        viz., A.P.Dwaraknath, who are already on
                        record.    Memo filed on 05.07.2022 and
                        recorded on the same day.]

                     5.A.P.Mani

                     6.A.L.Balasubramanian                                           ...Appellants

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                          O.S.A.Nos.225 and 226 of 2015




                                                         Vs.

                     1.Mohana Prasad
                     2.N.M.Moorthy                                                ...Respondents

                     Prayer: Original Side Appeal filed under Order VI Rule 9 of the Original
                     Side Rules read with Clause 15 of the Letters Patent, to set aside the order
                     and decreetal order dated 10.06.2015 passed in Appln.No.5697 of 2009 in
                     C.S.No.946 of 2009 as amended by order dated 02.07.2015.


                                  For Appellants    : Mrs.R.Ramya

                                  For Respondents   : R1 – Served – No appearance
                                                      R2 – Given up


                                                      **********


                     OSA.No.226 of 2015:

                     1.Gemini International,
                       A registered Partnership Firm
                       Rep. by its Managing Partner,
                       A.P.Dwarakanath,
                       No.80, Ramasamy Street,
                       Mannady, Chennai – 600 001.

                     2.A.P.Dwaraknath (Died)

                     3.D.Mahesh


                     2/6


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                                                                          O.S.A.Nos.225 and 226 of 2015



                     4.Kasturi Dwaraknath

                        [Appellants 3 and 4 are the legal
                        representatives of the deceased 2nd appellant
                        viz., A.P.Dwaraknath, who are already on
                        record.    Memo filed on 05.07.2022 and
                        recorded on the same day.]

                     5.A.P.Mani

                     6.A.L.Balasubramanian                                           ...Appellants
                                                          Vs.



                     1.Kasthuri Pandarinath (Deceased)
                     2.N.M.Moorthy
                     3.Murali
                     4.Padmanabhan
                           [Respondents 3 and 4 brought on record
                           as the legal representatives of the
                           deceased 1st respondent vide Court order
                           dated 23.06.2023 made in CMP.No.8710
                           of 2023]
                                                                                   ...Respondents


                     Prayer: Original Side Appeal filed under Order VI Rule 9 of the Original
                     Side Rules read with Clause 15 of the Letters Patent, to set aside the order
                     and decreetal order dated 10.06.2015 passed in Appln.No.5694 of 2009 in
                     C.S.No.947 of 2009 as amended by order dated 02.07.2015.




                     3/6


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                                                                            O.S.A.Nos.225 and 226 of 2015




                                  For Appellants    : Mrs.R.Ramya

                                  For Respondents   : Mr.D.Ravichander for R3 and R4
                                                      R2 – Given up
                                                      R1 – Died


                                                       ********


                                            COMMON JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

The joint compromise memos signed by the parties and their

respective counsel have been placed before us. The parties have agreed to

resolve the dispute between them in the manner suggested in the

compromise. The parties are present and they affirmed the factum of

compromise.

2. Recording the compromise, the appeals are allowed and the

decree granted by admission in C.S.No.947 of 2009 is set aside. The parties

will bear their respective costs. The parties have also agreed to withdraw all

the suits filed against each of them. The compromise memos shall form

https://www.mhc.tn.gov.in/judis O.S.A.Nos.225 and 226 of 2015

part of the decree. Consequently, the connected miscellaneous petitions, if

any, are closed.

                                                                  (R.S.M.,J.)     (N.S.,J.)
                                                                           11.12.2023
                     dsa
                     Index              :No
                     Internet           :Yes
                     Neutral Citation   :No
                     Speaking order

https://www.mhc.tn.gov.in/judis O.S.A.Nos.225 and 226 of 2015

R.SUBRAMANIAN, J.

and N.SENTHILKUMAR, J.

dsa

O.S.A.Nos.225 and 226 of 2015

11.12.2023

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