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B. Srihari Vs Rs Gurusamy — Civil Procedure and Limitation | Madras HC (2021)

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B. Srihari Vs Rs GurusamyB. Srihari v. Rs Gurusamy

Dismissed

B. Srihari v. Rs Gurusamy

Madras HC4 Oct 2021AS/804/2009

Case brief

AI extract

What is this about?

The High Court dismissed the first appeal filed under Section 96 CPC as withdrawn due to the settlement of the matter between parties out of court.

What did the court decide?

The appeal was dismissed as withdrawn.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA

A.S.NO.804 OF 2009

B.Shrihari ... Appellant/Plaintiff

.Vs.

R.S.Gurusamy

G.Balasundaram

R.Malarkodi

Kanagasabai

Nallammal

Shri Vignesh

Gopalakrishna

Parties & counsel

AI extract

appellant
Shrihari
respondent
R.S.Gurusamy
respondent
G.Balasundaram
respondent
R.Malarkodi
respondent
Kanagasabai
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 4 Oct 2021 · October
Registered: 15 Jul 2009
Case no.: AS/804/2009

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Cite this judgement

B. Srihari v. Rs Gurusamy, AS/804/2009 (MAD), decided on 4 October 2021.

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

Bench / Coram

P.T. Asha

Parties & counsel

Outcome

The appeal was dismissed as withdrawn.

Detailed headnote1 paragraphs

The first appeal was dismissed as withdrawn. The appellant filed a memo stating that the parties had settled the matter out of court, rendering nothing survivable for adjudication. The court recorded the memo and dismissed the appeal accordingly.

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.

V.Arthika ... Respondents/Defendants

PRAYER:-

This Appeal Suit is filed under Section 96 of C.P.C. against the judgment and decree dated 30.04.2009 made in O.S.No.302 of 2004 on the file of the Additional District and Sessions Court/Fast Track Court III, Coimbatore.

For Appellant : Mr.P.Saravana Sowmiyan

The learned counsel for the appellant would submit the parties have settled the matter and hence, he is withdrawing the appeal. To that effect, he has also filed a memo dated 04.10.2021, which is extracted hereunder:

“In the above matter the Appellant and the respondents have settled the matter out of court and nothing survives for adjudication in the above Appeal.

Therefore it is humbly prayed that this Hon'ble Court may be pleased to permit the Appellant to withdraw the above First Appeal and render justice.”

https://hcservices.ecourts.gov.in/hcservices/

Recording the said memo, this first appeal is dismissed as withdrawn. There shall be no order as to costs.

Sd/-

Assistant Registrar(CS IV)

//True Copy//

Sub Assistant Registrar

kal

To

The Additional District and Sessions Judge/ Fast Track Court III, Coimbatore.

Copy To:

The Section Officer, V.R. Section, High Court, Chennai – 600 104.

A.S.NO.804 OF 2009

SJ(CO) PBS/28/10/2021

https://hcservices.ecourts.gov.in/hcservices/

Nallammal

Coram

AI extract

P.T. Asha

CNR

HCMA010031652009

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED AS WITHDRAWAL

4 Oct 2021

The Dist Sports Officer Vs Raji

5 Oct 2021