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Mohamed Fazil Vs Kudubi — Civil Procedure and Limitation | Madras HC (2016)

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Madras HC
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Mohamed Fazil Vs KudubiMohamed Fazil v. Kudubi

Dismissed

Mohamed Fazil v. Kudubi

Madras HC14 Nov 2016SA/35/2008

Case brief

AI extract

What is this about?

Second appeals were dismissed because the parties submitted that the dispute was settled out of court, leaving nothing to adjudicate.

What did the court decide?

No order as to costs.

What the court decided

AI extract

A

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

S.A.Nos.35 and 157 of 2008

Mohamed Ghouse(Deceased) 1.Mohamed Fazil, S/o.Late Mohamed Ghouse 2.Manna, D/o.late Mohamed Ghouse 3.Mohamed Ismail, S/o.Late Mohamed Ghouse

4.Mohamed Murshid, W/o.Late Mohamed Ghouse 5.Mohamed Shanawaz, S/0.Late Mohamed Ghouse 6.Mrs.Ansar Bee, W/o.Late Mohamed Ghouse 7.Mrs.Shakeela, D/o.Late Mohamed Ghouse 8.Mrs.Farida, D/o.Late Mohamed Ghouse

9.Mohamed Giyasuddin, S/o.Late Mohamed Ghouse ... Appellants

in both Second

Appeals

Versus

Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure Code100

Parties & counsel

AI extract

appellant
Mohamed Ghouse (Deceased) and others
respondent
Syed Ghouse (Deceased) and others

Coram

AI extract

G. Jayachandran

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 14 Nov 2016 · November
Registered: 8 Jan 2008
Case no.: SA/35/2008

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Cite this judgement

Mohamed Fazil v. Kudubi, SA/35/2008 (MAD), decided on 14 November 2016.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Procedure Code100

View all statutes

Bench / Coram

G. Jayachandran

Parties & counsel

Outcome

No order as to costs.

Detailed headnote1 paragraphs

The Second Appeals were dismissed on the submission by learned counsel for both appellants and respondents that the dispute between the parties had been settled out of court and nothing survived in the appeals. No order as to costs.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Syed house (Deceased) 1.Kudubi, W/o.Late Syed Ghouse 2.Ansar, S/o.Late Syed Ghouse 3.Darvish Mohdeen, S/o.Late Syed Ghouse 4.Inayath, S/o.Late Syed Ghouse 5.Sanma, W/o.Kharamathullah 6.Dilwar, D/o.Late Syed Ghouse

... Respondents

in both Second Appeals

S.A.No.157 of 2008

Petition filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree as made in A.S.No.297 of 2003 dated 22.08.2006 on the file of the learned III Fast Track Court, Chennai reversing the judgment and

2

decree made in O.S.No.7314 of 1985 dated 19.09.2002 on the file of the learned XV Assistant Judge, City Civil Court, Chennai.

S.A.No.35 of 2008

Petition filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree as made in A.S.No.148 of 2003 dated 22.08.2006 on the file of the learned III Fast Track Court, Chennai reversing the judgment and decree made in O.S.No.7314 of 1985 dated 19.09.2002 on the file of the learned XV Assistant Judge, City Civil Court, Chennai.

For Petitioners : Mr.M.Muniruddin Sheriff For RR 2 to 7 : Mr.P.Veeraraghavan

COMMON JUDGMENT

Learned counsel representing for the appellants as well as respondents

submits that the dispute between the parties have been settled out of Court. Therefore, nothing survives in this Second Appeal.

Recording the above submission made, the Second Appeals are

dismissed. No order as to costs.

14.11.2016

Index :Yes/No.

3

Internet:Yes/No. rm

To

The Additional District and Sessions Judge, Fast Track Court-III , Chennai.

2. The XV Assistant Judge, City Civil Court, Chennai.

4

G.JAYACHANDRAN.J.,

rm

S.A.Nos.35 and 157 of 2008

14.11.2016 http://www.judis.nic.in

CNR

HCMA010634342008

Topic

Civil Procedure and Limitation

Bench

G. Jayachandran

Disposal

DISMISSED

14 Nov 2016

Govindarajan.K Vs Velacherry Mgr Nagar Kudiyiru-

14 Nov 2016