In this second appeal regarding maintenance arrears, the appellant claimed full payment and an out-of-court settlement. The court dismissed the appeal as the matter was settled out of court upon counsel's memo confirming the arrangement.
The Second Appeal is dismissed as settled out of court. The appellant is entitled to refund of Court fee.
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S.A(MD)No.227 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2021 CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.A(MD)No.227 of 2019 and
C.M.P(MD)No.4452 of 2019
Venugopalan Nair ... Appellant/Appellant/Defendant Vs.
1.Kumari Bagavathi @ Bhama
2.Remya ... Respondents/Respondents/Plaintiffs
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 29.01.2019, passed in A.S.No.58 of 2015, on the file of the Subordinate Court, Padmanabhapuram, confirming the judgment and decree, dated 30.06.2015, passed in O.S.No.101 of 2014 on the file of the Principal District Court, Padmanabhapuram.
For Appellant : Mr.V.Malaiyendran For Respondents : Mr.M.R.Sreenivasan
JUDGMENT
The learned counsel appearing for the appellant/defendant has filed a memo, dated 17.11.2021, stating that the appellant/defendant has paid the entire arrears of maintenance payable to the respondent and also the appellant is paying the monthly maintenance regularly without any default and stated both the parties have settled the matter out of Court.
2.In view of the above, the Second Appeal is dismissed as settled out of Court. The appellant is entitled to refund of Court fee, if any, as per law. The said memo is placed on record. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
ps
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S.A(MD)No.227 of 2019
To
1.The Subordinate Judge, Padmanabhapuram.
2.The Principal District Court, Padmanabhapuram.
3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies)
COPY TO:-
The Sub Assistant Registrar, CO Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.R. SREENIVASAN, Advocate ( SR-36644[F] dated 30/11/2021 )
Judgment made in S.A(MD)No.227 of 2019 26.11.2021
KM (CO) GC(03.12.2021) 2P 7C
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2 issues framed by the court
Whether the Second Appeal regarding maintenance arrears is maintainable after the parties settle the matter out of court.
Or whether the appeal should be dismissed based on the appellant's submission of payment and settlement.
1 provisions across 1 enactments
Venugopalan Nair
Kumari Bagavathi @ Bhama
Remya
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
