A first appeal by a landlord against a judgment and decree in a suit for possession. The court noted that the suit was withdrawn and premises possession was given to the landlord as per agreement. The appeal was dismissed as settled out of court.
Court fee refunded to within two weeks. Connected C.M.P. closed.
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.
A.S.No. 100 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2023
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
A.S. No.100 of 2023 and C.M.P. No. 4215 of 2023
A.B.Karthik .. Appellant
Vs
M.Muthiah Stapathi
... Respondent
Prayer:- First Appeal has been filed under Order 41 Rule 1 read with 96 of C.P.C., to set aside the judgement and decree dated 29.08.2022 made in O.S.No.325 of 2018 on the file of Principal District Judge, Kancheepuram District at Chengalpattu.
For Appellant : Mr.R.Thiagarajan for Mr.P.Rajkumar For Respondent : Mr.P.L.Narayanan
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A.S.No. 100 of 2023
JUDGEMENT
Today, when the matter taken up for hearing, the learned counsel
appearing for the appellant and respondent appeared and submitted that as per the terms agreed between the parties before this court, the landlord took possession of premises on 05.06.2023 and the suit pending before the Principal District Court, Chengalpattu also withdrawn. Accordingly, the condition complied by the appellant is recorded.
appellant and the respondent that the matter was settled out of court between the parties, this Appeal Suit is dismissed as settled out of court. Registry is directed to refund the court fee to the appellant within a preiod of two weeks from the date of receipt of copy of this order. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. The affidavit filed by the appellant shall be form part and parcel of the decree.
16.06.2023
rpp
To Principal District Judge, Chengalpattu (Kancheepuram).
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A.S.No. 100 of 2023
T.V. THAMILSELVI, J.
rpp
A.S. No.100 of 2023 and C.M.P. No. 4215 of 2023
16.06.2023
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2 issues framed by the court
Whether the appeal is maintainable where the parties have settled out of court.
Whether the decree should be passed in an updated manner reflecting the settlement.
1 provisions across 1 enactments
A.B. Karthik
M. Muthiah Stapathi
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
