Gandhi vs Krishna Udayar
2024 Latest Caselaw 18421 Mad

Madras High Court

Gandhi vs Krishna Udayar on 18 September, 2024

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                                     A.S.No.64 of 2023

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       Date: 18.09.2024
                                                           CORAM :
                        THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
                                                    A.S.No.64 of 2023 and
                                                    C.M.P.No.5670 of 2023

                     Gandhi                                                     ...Appellant

                                                              Vs.
                     1. Krishna Udayar
                     2. Panchavarnam
                     3. Moorthy
                     4. Ramajayam
                     5. Banumathi
                     6. M.S.Susai Raj
                     7. Lourdhumary                                             ...Respondents

                     PRAYER: Appeal Suit filed under Section 96 of C.P.C against the judgment
                     and decree dismissing the suit in O.S.No.03 of 2019 (Old O.S.No.18 of
                     2007) passed by the Principal District Judge, Tiruvannamalai dated
                     09.11.2022.

                                  For Appellant    : Mr.A.Thameem Mohideen
                                  For R1 to R5     : Mr.K.Selvakumar
                                  For R7           : Mr.G.Thiagarajan

                                                         JUDGMENT

When the case came up for hearing, the learned Counsel for the 7th

Respondent submitted that the 7th Respondent had amicably settled the

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dispute between the parties and had filed a joint Memo of Compromise to

that effect.

2. This Court, in the light of the joint Memo of Compromise directed

the learned Principal District Judge, Tiruvannamalai to summon the parties

in O.S.No.3 of 2019 (Old O.S.No.18 of 2007) and the case was adjourned

09.09.2024.

3. When the case came up for hearing on 09.09.2024, the case was

adjourned to 18.09.2024, since the remarks of the learned Principal District

Judge was not received.

4. Today, 18.09.2024, when the case came up for hearing under the

caption 'for reporting settlement', the remarks of the learned Principal District

Judge, Tiruvannamalai has been received in Dis.No.4685/2024 dated

06.09.2024 stating that on 06.09.2024, all the parties appeared before the

learned Principal District Judge and on verification, it was found that the

subject matter of the dispute had been settled between them. Therefore he

had reported that the matter was compromised amicably between parties.

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5. In the light of the above compromise, the Appeal is disposed of as

settled out of Court. The Appellant is entitled to refund of Court fee. Memo

of Compromise shall form part of the decree. There shall be no order as to

costs. Consequently, connected miscellaneous petition is closed.

18.09.2024

shl Index : Yes/No Speaking/Non-speaking order

To

1. The Principal District Judge, Tiruvannamalai.

2. The Section Officer, V.R.Section High Court of Madras.

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

SATHI KUMAR SUKUMARA KURUP, J.

shl

A.S.No.64 of 2023 and

18.09.2024

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