Senthilrajan vs Vijalakshmi
2024 Latest Caselaw 18700 Mad

Madras High Court

Senthilrajan vs Vijalakshmi on 23 September, 2024

                                                                                  S.A.No.122 of 2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 23.09.2024

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

                                               S.A.No.122 of 2018
                                                      and
                                              C.M.P.No.2712 of 2018

                     1.Senthilrajan

                     2.Muruganandham

                     3.Pathamanabhan

                     4.Annadhurai

                     5.Srinivasan                                     ... Appellants


                                                       Vs

                     1.Vijalakshmi

                     2.Savithiri

                     3.Indian Overseas Bank
                       By its Branch Manager
                       Budhansandhai
                       Namakkal Taluk and District

                     4.Angamuthu                                      ... Respondents



                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                            S.A.No.122 of 2018


                     Prayer: Second Appeal filed under Section 100 of Civil Procedure Code,

                     1908, praying to allow the Second Appeal and set aside the Judgment and

                     Decree dated 03.03.2017 made in A.S. No. 43 of 2014 on the file of the Sub

                     Court, Namakkal confirming the Judgment and Decree dated 25.02.2014

                     made in O.S.No.299 of 2010 on the file of the Principal District Munsif

                     Court Namakkal.


                                        For Appellants     : M/S.T.Dhanyakumar

                                        For Respondents : Mr.L.S.Ambrish Prabhu for
                                                          Mr.T.L.Thirumalaisamy for R1 and R2

                                                            Mr.Rajendran Raghavan,
                                                            Senior Panel Counsel for R3.


                                                          JUDGMENT

Mr.T.Dhanyakumar, learned counsel for the appellants,

Mr.L.S.Ambrish Prabhu representing Mr.T.L.Thirumalaisamy, counsel on

record for respondents 1 and 2 and Mr.Rajendran Raghavan, learned Senior

Panel Counsel for third respondent are before this Court.

2. Learned counsel for the Appellants submits that the matter has been

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settled out of Court among the parties. To that effect, the learned counsel

makes endorsement in the case file. Scanned reproduction of the

endorsement reads as follows:

3. In the light of the endorsement made, the Second Appeal is

dismissed as settled out of Court. No costs. Consequently, connected Civil

Miscellaneous Petition is closed.

4. In view of the judgment of the Hon'ble Supreme Court in HIGH

COURT OF JUDICATURE AT MADRAS REP. BY ITS REGISTRAR

GENERAL VS. M.C.SUBRAMANIAM AND OTHERS [2021 (3) SCC

560], Registry is directed to refund the Court fee paid in this Second Appeal

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to the appellants.

23.09.2024

Speaking order/Non-speaking order Index: Yes/No shk Note:Issue order copy on 23.09.2024

To

1. The Principal District Munsif Judge, Namakkal.

2. The Sub Judge, Namakkal.

3. The Section Officer, V.R.Section, High Court, Madras.

R.SAKTHIVEL, J.

shk

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

S.A.No.122 of 2018 and

23.09.2024

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