Second appeal dismissed after respondents' counsel reported that the parties had settled their disputes amicably out of Court; appellants' counsel could not confirm settlement but the dismissal was recorded with no order as to costs.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI
S.A.No.726 of 2018
1.Palaniyappan
2.Ramasamy
3.Murthy
... Appellants
Vs.
1.Kandhan @ Kandhasamy 2.Venkatachalam
... Respondents
PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 01.02.2018 passed in A.S.No.32 of 2014 on the file of the II Additional Subordinate Judge, Salem, confirming the judgment and decree dated 20.06.2013 passed in O.S.No.79 of 2010 on the file of the II Additional District Munsif Court, Salem.
For Appellants : Mr.K.Krishnan for
M/S.P.Veena Suresh
For Respondents For RR 1 & 2 : Mr.R.Marudhachalamurthy
2
J U D G M E N T
On the previous hearing, the learned counsel for the respondents stated that the parties have already settled their disputes and therefore, nothing survives for consideration in the above Second Appeal.
2.The learned counsel for the appellants sought for time to verify the correct position from the appellants. However, today, the learned counsel for the appellants has filed a memo stating that despite an intimation from the learned counsel for the appellants, the appellants have not contacted the counsel and therefore, he is unable to assist the Court with regard to the position whether the matter has been settled or not. Be that as it may, in recording the statement of the learned counsel for the respondents that the parties have already settled their disputes amicably out of the Court, this Second Appeal is dismissed. The memo filed by the learned counsel for the appellants dated 20.02.2024 is also taken on file.
3.The Second Appeal is dismissed as settled out of Court. There shall be no order as to costs.
20.02.2024
ata
3
P.B.BALAJI, J.
ata
To
S.A.No.726 of 2018
20.02.2024
Palaniyappan
Ramasamy
Murthy
Kandhan @ Kandhasamy
Venkatachalam
P.B.Balaji
As recorded by the court registry
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