In a second appeal arising from a money recovery suit, the High Court disposed of the matter as settled out of court based on the respondents' counsel's unilateral submission, noting one respondent had died and the other had settled the dispute.
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.
S.A.(MD)No.351 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date :20.04.2021
CORAM : THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.351 of 2011
1.Mabel Glory Benjamin
2.Benjamin C.K.Singh ... Appellants
-Vs-
1.Kanagamony
2.Sheela Rukmoni Joseph
...Respondents
PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and decree dated 30.09.2010 and made in A.S.No.41 of 2009 on the file of the Court of the District Judge, Kanyakumari District at Nagercoil confirming the Judgment and Decree dated 23.07.2009 and made in O.S.No.82 of 2005 on the file of the Subordinate Judge, Padmanabhapuram.
For Appellants: G.Pitchaimani
for Mr.K.N.Thampi For R1 : Mr.Xavier Rajini For R2 : Mr.Ragadeesh Kumar for M/s.Isaac Chamber
J U D G M E N T
The unsuccessful defendants in the suit are the appellants. O.S.No.82 of 2005 on the file of the Sub Court, Padmanabhapuram was filed by the respondents herein for recovering a sum of Rs.3,29,400/- from the appellants. The suit was decreed on 23.07.2009. Questioning the same, the appellants filed A.S.No.41 of 2009 before the District Judge, Kanyakumari, at Nagercoil. By Judgment and Decree dated 30.09.2010, the appeal was dismissed. Questioning the same, the second appeal came to be filed.
2.When the matter was taken up for final hearing, the learned counsel for the respondents submitted that the first respondent had passed away some four years ago and the second respondent, who was one of the plaintiffs, had given in writing that the entire issue has been settled out of the Court. Ofcourse, the appellant's counsel does not have any instructions. But when the plaintiff's counsel make a statement, this Court has to necessarily accept the said submission.
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S.A.(MD)No.351 of 2011
3.Recording the statement given by the learned counsel for the respondents, this second appeal is disposed of as settled out of the Court. No costs.
Sd/-
Assistant Registrar(Writs)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rmi
To
2.The Subordinate Judge, Padmanabhapuram.
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai. (2 copies)
+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-16782[F] dated 21/04/2021 )
S.A.(MD)No.351 of 2011 20.04.2021
KUN(CO) TR(04.05.2021) 2P 6C
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Mabel Glory Benjamin and Benjamin C.K.Singh
Kanagamony
Sheela Rukmoni Joseph
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
