Second appeal dismissed as settled out of court after the appellant vacated the suit property and handed over possession to the respondent via a Memorandum of Compromise.
Appeal dismissed as settled out of court; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
SA. No.363 of 2018
and CMP No.10156 of 2018
P.Rajamani ..Appellant/ Defendants
Vs. Arul. Thiru Treasurer, Rep. by its Thanthai, Thooya Nenjan College Society, Tirupatur. ..Respondent/ Plaintiff
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree of the learned Subordinate Judge, Tirupatur dated 16.03.2018 made in A.S.No.40 of 2014 thereby confirming the decree and judgment of the Additional District Munsif, Tirupatur dated 06.03.2014 made in O.S.No.152 of 2012.
For Appellant : Mr. V.Prakash Babu
For Respondent : Mr.D.Ferdinand
for M/s.BFS. Legal
J U D G M E N T
This matter is taken up for hearing through VideoConferencing.
Parties have filed a Memorandum of Compromise, perusal of which shows that the appellant had vacated the suit property and handed over the possession to the respondent. Hence the decree stands satisfied. In view of the same, the Appeal is dismissed as settled out of Court.
2. As per Clause 3 of the Memorandum of Compromise, the respondent is entitled to withdraw a sum of Rs.1,16,680/deposited by the appellant towards arrears of rent. It is stated that the respondent has applied for issuance of cheque https://hcservices.ecourts.gov.in/hcservices/ for the said amount in its favour. The said proceedings are
pending before the District Munsif, Thirupathur, in EP No.21 of 2018. The learned District Munsif is directed to dispose of the said application within a period of two months from the date of receipt of a copy of the order. No costs. Consequently the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
jv
To
1. The Subordinate Judge,
Tirupatur,
Vellore District
2. The District Munsif,
Tirupatur,
Vellore District.
3. The Section Officer,
V.R.Section,
High Court of Madras.
+1cc to Mr.BFS. LEGAL, Advocate, S.R.No.42377
KJ(CO)
SM/08/03/2021
SA. No.363 of 2018
and CMP No.10156 of 2018
1 provisions across 1 enactments
P.Rajamani
Arul
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
