R.Anbarasu vs R.Karunanidhi
2024 Latest Caselaw 17245 Mad

Madras High Court

R.Anbarasu vs R.Karunanidhi on 2 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                           A.S.No.560 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 02.09.2024

                                                            CORAM

                             THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                              AND
                            THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

                                                     A.S.No.560 of 2017
                                                            and
                                                   Cros.Obj.No.57 of 2018

                     A.S.No.560 of 2017:

                     R.Anbarasu
                     S/o.Ranganathan                                                     ..Appellant

                                                            Vs.

                     R.Karunanidhi
                     S/o.Ranganathan                                              ..Respondent

                     Prayer:
                                  Appeal filed under Section 96 r/w. Order 41 Rule 1 of C.P.C.
                     against the judgment and                   decree dated 27.06.2017 made in
                     O.S.No.70/2013          on    the   file     of   the   Principal   District   Judge,
                     Kancheepuram District at Chengalpattu.


                                  For Appellant          : Mr.S.Krishnasamy
                                  For Respondent         : Mr.P.Subba Reddy




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                     Page 1/4
                                                                                      A.S.No.560 of 2017

                     Cros.Obj.No.57 of 2018 :

                     R.Karunanidhi
                     S/o.Ranganathan                             ..Cross appellant / Respondent

                                                          Vs.
                     R.Anbarasu
                     S/o.Ranganathan                             ..Appellant / Respondent

                     Prayer:
                          Appeal filed under Order 41 Rule 22 of C.P.C. to allow the cross
                     appeal to the extent of clause 3 and portion of clause 4 of the judgment
                     and decree dated 27.06.2017 made in O.S.No.70/2013 on the file of the
                     Principal District Judge, Kancheepuram District at Chengalpattu.
                                  For Appellant/Cross objector   : Mr.P.Subba Reddy
                                  For Respondent                 : Mr.S.Krishnasamy


                                             COMMON JUDGMENT

(The judgment of the Court was delivered by Mrs.J.Nisha Banu,J.) When the matter is taken today, the learned counsel for the

appellant as well as the respondent / cross objector filed a memo seeking

withdrawal of the appeal and the cross objection. The said memo dated

31.08.2024 reads as follows:

''The above named appellant and the respondent beg to submit as follows:

In pursuance of orders dated 17.04.2024 and 01.08.2024 of this Court the appellant has remitted a total sum of Rs.3,15,00,000/- (Rupees Three Crores Fifteen lakhs

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

only) to the respondent on 21.08.2024. The respondent on receipt of the said amount has executed and registered a Release Deed in favour of the appellant releasing his undivided half share in the suit property to the appellant.

The respondent has agreed and undertaken to handover vacant possession of the portion in his occupation in the suit property to the appellant on 31.08.2024. Since the Memo of Compromise is satisfied the appellant and the respondent pray that this Court may be pleased to permit them to withdraw the above appeal and the cross objection by recording this memo and thus render justice.

"The respondent has handed over possession of his portion in the suit property along with the key. The appellant has taken possession and obtained key.''

The above said Memo is recorded. Therefore, the Appeal and the Cross

Objection are dismissed as withdrawn. No costs.

                                                                        (J.N.B,J.)      (N.S., J.)
                     Index              : Yes / No                             02.09.2024
                     Internet           : Yes
                     vsi
                     To

The Principal District Judge, Kancheepuram District, Chengalpattu.

J. NISHA BANU, J.

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

N.SENTHILKUMAR,J.

vsi

and

02.09.2024

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