K.Jayanthi vs Chamundeeswari Ammal
2024 Latest Caselaw 21736 Mad

Citation : 2024 Latest Caselaw 21736 Mad
Judgement Date : 18 November, 2024

Madras High Court

K.Jayanthi vs Chamundeeswari Ammal on 18 November, 2024

Author: J.Sathya Narayana Prasad

Bench: J.Sathya Narayana Prasad

                                                                                    S.A.No.296 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 18.11.2024

                                                      CORAM :
                       THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD

                                             S.A.No.296 of 2010
                                               and M.P.No.1 of 2010
                    1.K.Jayanthi
                    2.K.Shanmughapriya
                    3.K.Mohan (a) Mahesh (Died)
                    4.M.Revathi
                    5.M.R.Vishwa
                    6.M.R.Shivani
                    (A5 & A6 represented by mother as natural guardian)
                    7.K.Rajeshwari
                    (Appellants 4 to 7 brough on record as LR's of third appellant vide order of
                    Court dated 18.04.2023 made in C.M.P.No.606 of 2023 by RHJ)

                                         ... Plaintiffs/Respondents/Appellants Cross Objectors

                                                         Vs.

                    1.Chamundeeswari Ammal
                                              … 3rd Defendant/Appellant/Respondent
                    Respondent
                    2.Vijayammal
                    3.Vasanthammal
                    4.Kuppan (Exonerated)

                    Page No.1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.296 of 2010

                    5.T.Velayutham (Exonerated)
                    6.V.Prasanth (Exonerated)
                    (R4 to R6 exonerated vide Court order dated 25.01.2022 RPAJ)
                    … Defendants/Respondents/Respondents 1,2,4,5,6


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

                    Procedure, 1908, against the Judgment and Decree in A.S.No.9 of 2006 and

                    Cross Objection No.9 of 2006, on the file of the Additional Subordinate

                    Court, Chengalpattu, dated 31.03.2009 reversing the judgment and decree in

                    O.S.No.394 of 1996 on the file of the District Munsif Court, Chengalpattu,

                    dated 07.10.2005 and pray that the same may kindly be set aside.

                              For Appellants         :       Mr.C.Jagadish

                              For Respondent 1           :   Mr.F.B.Benjamin George

                              For Respondent 2       :       Mr.P.Deenadayalan

                              For Respondents 4 to 6 :    Exonerated as per the Court order
                                         dated 25.01.2022

                                                      ORDER

When the matter was taken up for hearing, learned counsel for the

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

the parties and he has filed a memo dated 06.11.2024 to that effect. For

better appreciation and understanding, the relevant portion of the memo is

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

extracted hereunder:

“The appellants submit that the dispute in the above second appeal has been settled out of Court.

The appellants therefore pray that the above second appeal may kindly be dismissed as settled out of Court.”

3. The appellants' memo dated 06.11.2024 is taken on record by this

Court.

4. Recording the aforesaid memo dated 06.11.2024 filed by the

appellants, this second appeal is dismissed as settled out of the Court and the

appellants are 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. No costs. Consequently, connected miscellaneous petition is closed.


                                                                  18.11.2024

                    vm

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