Dismissed¶22

S. Maheswari v. D. Sankaran

Madras HC3 Sept 2025AS/115/2024

Case brief

AI extract

What is this about?

Madras High Court; A.S. No. 115 of 2024; C.M.P. No. 3791 of 2024; S. Maheswari vs D. Sankaran; appeal under Section 96 Civil Procedure Code read with Order 41 Rule A; challenge to judgment and decree in O.S. No. 5506 of 2018 dated 28.10.2022 of XVI Additional City Civil Court, Chennai; settlement between parties; dismissed as settled out of Court; keys handed over; unconditional withdrawal of connected proceedings; no order as to costs; P.B. Balaji J.; decided 03-09-2025.

What did the court decide?

In view of the parties' submissions that the agreed settlement terms stood complied with, the Appeal Suit is dismissed as settled out of Court, with no order as to costs, and the connected Miscellaneous Petition (C.M.P. No. 3791 of 2024) is closed. ¶22

S. Maheswari Vs D. Sankaran — Madras HC (2025) — LawSathi Research

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AS No. 115 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-09-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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A.S. No. 115 of 2024 and C.M.P.No.3791 of 2024

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S. Maheswari

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D/o. K.Subramani, No. 5/3, Pappathi Amman Kovil Street, Erukkencherry, Chennai 118.

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Appellant(s)

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D. Sankaran S/o. M.Doraikannu, No. 44/26, Appasamy Lane, Old Washermenpet, Chennai 021.

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Respondent(s)

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PRAYER: The Appeal Suit is filed under Section 96 of the Civil Procedure Code r/w Order 41 Rule “A” of Civil Procedure Code to set aside the decree and judgment passed in O.S.No.5506 of 2018 dated 28.10.2022 by the XVI Additional City Civil Court, Chennai, with costs.

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For Appellant(s): M/s.R. Ravindraram

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For Respondent(s): Mr.M. Jagadheesan

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https://www.mhc.tn.gov.in/judis

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AS No. 115 of 2024

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JUDGMENT

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When the matter is taken up for hearing today, both the parties appeared before this Court.

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The learned counsel for the parties stated that all the agreed terms of settlement have been duly complied with. Today, the appellant has handed over the keys to the respondent. The said statements are recorded.

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The learned counsel for the appellant further stated that as undertaken before this Court on 08.08.2025, the appellant will be withdrawing all connected proceedings pending in other Courts on the respective hearing dates, unconditionally.

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In view of the above submissions, this Appeal Suit is dismissed as settled out of Court. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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03-09-2025

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ASI

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https://www.mhc.tn.gov.in/judis

AS No. 115 of 2024

1.D. Sankaran