The High Court disposed of five Original Side Appeals filed to set aside orders in a civil suit. The court held that since the parties had settled the dispute out of court and the main suit was withdrawn, the appeals were closed without adjudicating the merits.
The appeals and connected Miscellaneous Petitions were closed. No costs were awarded.
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.
O.S.A.Nos.146 to 149 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2023
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
O.S.A.Nos.146 to 149 of 2020 and
C.M.P.Nos.6988, 6989, 6990, 6991, 6996 to 6999 of 2020
O.S.A.No.146 of 2020
Kottapadi Jayaram
...Appellant
Vs
1.Bosco Prabhu
2.P.S.Mithran
3.South Indian Film Writers Association Rep.by its President Shri. K.Bhagyaraj L-33, Flat – 1, 2nd Floor, LIG, Bharathidasan Colony, K.K.Nagar, Chennai – 600 078. ... Respondents
PRAYER: Original Side Appeal filed under Order XXXVI Rule 1 of Civil Procedure Code read with Clause 15 of Letters Patent to set aside the
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O.S.A.Nos.146 to 149 of 2020
common fair and decreetal order dated 10.03.2020 made in A.No.277 of 2020 in C.S.No.724 of 2019 on the file of this Court.
For Appellant : Mr.S.Karthikei Balan. For Respondents : Mr.M.Sunilkumar for R1. Mr.T.Mohan for R2.
O.S.A.No.147 of 2020
Kottapadi Jayaram
...Appellant
Vs
1.Bosco Prabhu
2.P.S.Mithran
3.South Indian Film Writers Association Rep.by its President Shri. K.Bhagyaraj L-33, Flat – 1, 2nd Floor, LIG, Bharathidasan Colony, K.K.Nagar, Chennai – 600 078.
... Respondents
PRAYER: Original Side Appeal filed under Order XXXVI Rule 1 of Civil Procedure Code read with Clause 15 of Letters Patent to set aside the common fair and decreetal order dated 10.03.2020 made in O.A.No.35 of 2020 in C.S.No.724 of 2019 on the file of this Court.
Page 2 of 9
For Appellant : Mr.S.Karthikei Balan. For Respondents : Mr.M.Sunilkumar for R1.
Mr.T.Mohan for R2.
O.S.A.Nos.146 to 149 of 2020
O.S.A.No.148 of 2020
P.S.Mithran …Appellant
Vs.
1.Bosco Prabhu
2.Kottapadi Jayaram
3.South Indian Film Writers Association Rep.by its President Shri. K.Bhagyaraj L-33, Flat – 1, 2nd Floor, LIG, Bharathidasan Colony, K.K.Nagar, Chennai – 600 078. ... Respondents
PRAYER: Original Side Appeal filed under Order XXXVI Rule 9 of Madras High Court Original Side Rules read with Clause 15 of Letters Patent to set aside the common fair and decreetal order dated 10.03.2020 made in O.A.No.35 of 2020 in C.S.No.724 of 2019 on the file of this Court and allow the appeal.
For Appellant : Mr.T.Mohan for Ms.Nivedita S.Menon. For Respondents : Mr.M.Sunilkumar for R1.
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O.S.A.Nos.146 to 149 of 2020
Mr.S.Karthigei Balan for R2.
O.S.A.No.149 of 2020
P.S.Mithran …Appellant.
Vs.
1.Bosco Prabhu
2.Kottapadi Jayaram
3.South Indian Film Writers Association Rep.by its President Shri. K.Bhagyaraj L-33, Flat – 1, 2nd Floor, LIG, Bharathidasan Colony, K.K.Nagar, Chennai – 600 078. ... Respondents
PRAYER: Original Side Appeal filed under Order XXXVI Rule 9 of Madras High Court Original Side Rules read with Clause 15 of Letters Patent to set aside the common fair and decreetal order dated 10.03.2020 made in Appln.No.277 of 2020 in C.S.No.724 of 2019 on the file of this Court and allow the appeal.
For Appellant : Mr.T.Mohan for Ms.Nivedita S.Menon. For Respondents : Mr.M.Sunilkumar for R1. Mr.S.Karthigei Balan for R2.
C O M M O N J U D G M E N T
[Judgment of the Court was made by R.MAHADEVAN,J,]
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O.S.A.Nos.146 to 149 of 2020
These Original Side Appeals have been filed to set aside the common
fair and decreetal order dated 10.03.2020 passed in O.A.No.35 of 2020 and Application No.277 of 2020 in C.S.No.724 of 2019 on the file of this Court.
copy of the Judgment dated 30.06.2021 to that effect. The relevant portions are extracted hereunder;
“3.Adverting to paragraph 2 of the aforementioned
affidavit, learned counsel for first defendant submitted that
the settlement referred to therein is between the plaintiff and second defendant.
4.Responding to this, learned counsel for plaintiff submitted that the amicable out of Court settlement arrived
at is between the plaintiff and second defendant, however
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O.S.A.Nos.146 to 149 of 2020
the plaintiff has no claim whatsoever against all the three defendants post such settlement with the second defendant. This submission is recorded.
7.Therefore, there is no difficulty in acceding to the prayer of the plaintiff for refund of full Court fee paid subject to standard statutory deductions, if any. Refund of Court fee to the plaintiff by the Registry shall be by way of an instrument drawn in favour of the plaintiff. To be noted, this is as requested by learned counsel for plaintiff who submits that he will forthwith commence and comply with procedure formalities in this regard i.e., refund of court fees. This refund process shall be completed expeditiously by the Registry and in any case within eight weeks from today i.e., on or before 25.08.2021.
Captioned suit, captioned application and all other applications (if any) are dismissed as withdrawn as settled out of Court recording the above stated position of parties and with the aforementioned direction regarding refund of
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O.S.A.Nos.146 to 149 of 2020
Court fee. There shall be no order as to costs.”
In view of the above, the learned counsel for both parties submitted that nothing survives for further adjudication herein.
3.Recording the above submissions, these Original Side Appeals are
closed. No costs. Consequently, all the connected Miscellaneous Petitions are also closed.
(R.M.D.,J.) (J.S.N.P.,J.) 04.01.2023
ay
Index:Yes / No
Speaking Order / Non-speaking Order
Neutral Citation: Yes / No
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O.S.A.Nos.146 to 149 of 2020
R.MAHADEVAN,J. and J.SATHYA NARAYANA PRASAD,J.
ay
O.S.A.Nos.146 to 149 of 2020 and C.M.P.Nos.6988, 6989, 6990, 6991, 6996 to 6999 of 2020
Page 8 of 9
O.S.A.Nos.146 to 149 of 2020
Dated:04.01.2023
Page 9 of 9
3 issues framed by the court
Whether the Original Side Appeals should be disposed of given that the underlying dispute has been settled out of court.
Whether the underlying suit and connected miscellaneous petitions should remain open for adjudication after a settlement.
What disposition should be made of the pending appeals when the parties submit that nothing survives for further adjudication.
3 provisions across 3 enactments
Kottapadi Jayaram
Bosco Prabhu
P.S.Mithran
South Indian Film Writers Association
R.MAHADEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
