Appeal suit and petition to accept cause title were filed against a money decree. The parties settled the matter out of court following execution proceedings referred to Lok Adalat, so the High Court dismissed the petition and the appeal at the SR stage, with refund of court fee.
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.
C.M.P(MD)No.3077 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
C.M.P(MD)No.3077 of 2021 and
AS(MD)No.SR11860 of 2018
1.M/s.Kannan Oil Mil, A Partnership Firm, represented, Through its Managing Partner, Mr.M.Ramesh Babu, S/o. Murugesan, Door No.4, Thangasalai Street, Aruppukottai Town, Virudhunagar District.
2.K.Muthumeenal 3.Renuga 4.R.Jeyaraman 5.Rajathi 6.Thirugnanasampantham 7.V.T.Sankarraj 8.R.Maanikashankar 9.K.S.Sankaralingam 10.S.S.R.Sankaralingam 11.Nageswari 13.P.Saravanakumar ... Petitioners/Appellants/Defendants
Vs S.Baskaran ...Respondent/Respondent/Plaintiff
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C.M.P(MD)No.3077 of 2021
PRAYER in C.M.P.(MD)No.3077 of 2021:-
This Petition is filed under Section 151 of CPC to accept the cause title as mentioned herein.
PRAYER in A.S(MD)SR.No.7064 of 2021
This Appeal Suit is filed under Section 96 of the Code of Civil Procedure, to set aside the decree and judgment dated 15.12.2017 passed in O.S.No.4 of 2014 on the file of the Additional District Court, Virudhunagar.
For Petitioners : Mr.M.Senthilkumar
JUDGMENT
[Order of the Court was made by RMT.TEEKAA RAMAN, J.]
Pursuant to the decree passed in O.S.No.4 of 2014 by the Additional District Court, Virudhunagar on 15.12.2017, the execution petition in E.P.No.35 of 2019 was filed and thereafter, the same was referred to Lok Adalat and on the same day, the case has been settled.
2.The learned counsel appearing on behalf of the petitioners/appellants submits that the matter has been settled out of Court.
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C.M.P(MD)No.3077 of 2021
3.In view of the same, the Civil Miscellaneous Petition is dismissed. Consequently, AS(MD)No.SR11860 of 2018 is dismissed as settled out of Court at the SR stage itself. No costs. Registry is directed to refund the Court fee as per the rules.
[T.K.R., J.] [N.S., J.]
08.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No sji
To
1.The Additional District Court, Virudhunagar.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.M.P(MD)No.3077 of 2021
RMT.TEEKAA RAMAN, J. and N.SENTHILKUMAR, J.
sji
C.M.P(MD)No.3077 of 2021 and AS(MD)No.SR11860 of 2018
08.11.2024
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1 issue framed by the court
Should the appeal against the decree in O.S.No.4 of 2014 be permitted to proceed after settlement out of court?
2 provisions across 1 enactments
M/s.Kannan Oil Mil
K.Muthumeenal
Renuga
R.Jeyaraman
Rajathi
Thirugnanasampantham
RMT.Teekaa Raman
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
