V.N.Ramasamy vs Santhi …
2024 Latest Caselaw 15848 Mad

Madras High Court

V.N.Ramasamy vs Santhi … on 14 August, 2024

                                                                                    S.A.No.923 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 14.08.2024

                                                       CORAM :
                                   THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

                                               S.A.No.923 of 2021
                    V.N.Ramasamy                                 ... Appellant/Appellant/Defendant
                                                          Vs.

                    Santhi                            … Respondent/Respondent/Plaintiff



                    PRAYER: Second Appeal is filed under Section 100 of the Code of Civil

                    Procedure, 1908, to set aside both the judgment and decree dated 30.11.2020

                    made in A.S.No.41 of 2020 on the file of the Principal District Judge,

                    Namakkal, and confirming the judgment and decree dated 10.03.2020 made

                    in O.S.No.153 of 2009 on the file of the Principal Sub-Court, Namakkal, by

                    dismissing the suit.

                              For Appellant         :      Mr.S.Thirumurugan
                                               for Mr.S.Senthil

                              For Respondent          :    M/s.S.Uma Maheswari
                                               for Mr.C.Jagadish

                                                      ORDER

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Mr.S.Thirumuguran, learned counsel representing the learned counsel

on record for the appellant and Ms.S.Uma Maheswari, learned counsel

representing the learned counsel on record for the sole respondent are before

this Court.

2. When the matter is taken up for hearing, learned counsel for the

appellant submitted that the matter has been settled out of Court between the

parties and he has filed a memo to that effect. For better appreciation and

understanding, the relevant portion of the memo is extracted hereunder:

“During the pendency of the Second Appeal, the Appellant has paid the entire Decree amount to the Respondent. Therefore, the Appellant in view of the above, does not seek to press the above Second Appeal for any further relief and pays that this Hon'ble Court may be pleased to record this settled out of Court memo and permit the Appellant to withdraw the above Second Appeal by refunding the court fees paid on the above Second Appeal”

3. The appellant's memo dated 14.08.2024 is taken on record by this

Court.

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4. In view of the memo filed by the appellant, this second appeal is

dismissed as settled out of Court and the appellant is entitled to refund of

Court fee as per the decision of the Hon'ble Supreme Court of India in High

Court of Judicature at Madras represented by its Registrar General Vs.,

M.C.Subramanian and others, 2021 3 SCC 560.

                                                           14.08.2024

                    vm

                    Index       :        Yes/No
                    Speaking Order       :    Yes/No
                    Neutral Citation     :    Yes/No

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R.SAKTHIVEL,J.

vm

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

14.08.2024

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