M/S.Mettupalayam Real Estates vs Brindhakumari
2023 Latest Caselaw 8729 Mad

                                                                               A.S.No.531 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 20.07.2023

                                                     CORAM

                             THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                A.S.No.531 of 2022
                                            and C.M.P.No.19631 of 2022

                  M/s.Mettupalayam Real Estates,
                  Represented by its Partner N.Ramasamy,
                  D.No.206-A, Annur Road,
                  Mettupalayam - 641 301,
                  Coimbatore District.                                   ... Appellant
                                                     Vs.
                  1. Brindhakumari
                  2. Sridevi
                  3. C.P.Supraja
                  4. Vasanthi
                  5. Syed Ashik Hameed
                  6. K.Samraj
                  7. S.Chinnasamy
                  8. V.Indirani                                          ... Respondents
                  PRAYER: Appeal Suit filed under Section 96 read with Order 41 Rule 1 of
                  C.P.C., pleased to set aside the Judgement and Decree in O.S.No.713 of 2009
                  dated 30.08.2022 passed by the learned III Additional District Judge,
                  Coimbatore and thereby, dismiss the suit in O.S.No.713 of 2009 with
                  exemplary costs.


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                                                                                     A.S.No.531 of 2022


                                           For Appellant      :   Mr.M.Mohamed Riyaz
                                           For Respondents    :
                                                            Mr.G.K.Muthu Kumar
                                                            for Mr.A.Ram Kumar
                                                            for R1 to R4, R6 to R8
                                                      JUDGMENT

Learned counsel appearing for the appellant seeks permission of

this Court to withdraw this appeal suit, since the matter has been settled

between the parties and he has also filed a Memo dated 14.07.2023 to that

effect.

2. In view of the memo filed by the learned counsel appearing for

the appellant stating that the matter has been settled out of the Court, this

Appeal Suit stands dismissed as withdrawn. However, as per the Judgment

passed by the Hon'ble Apex Court reported in (2021) 3 SCC 560, the sole

appellant is entitled to refund of the Court fee as per the entitlement. No

costs. Consequently, connected miscellaneous petition is closed.

20.07.2023

ham Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No

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

A.S.No.531 of 2022

A.D.JAGADISH CHANDIRA.,J.

ham

To The Section Officer, VR Section, High Court of Madras.

A.S.No.531 of 2022 and C.M.P.No.19631 of 2022

20.07.2023

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