Dismissed¶37

M. Manoharan v. P. Balamurugan

Madras HC24 Oct 2025AS/314/2018

Case brief

AI extract

What is this about?

Withdrawal of first appeal suit on settlement between parties; affidavit dated 14.10.2025 and court-bundle endorsement; appeal dismissed as withdrawn, no costs; closure of connected miscellaneous/stay petition C.M.P.No.7771 of 2018; decree dated 20.11.2017 in O.S.No.627 of 2009, First Additional District and Sessions Court, Tiruppur; Order 41 Rule 1 and Section 96 CPC; High Court of Judicature at Madras, decided 24.10.2025 by Dr. Justice A.D. Maria Clete.

What did the court decide?

Permission to withdraw the appeal suit in view of the settlement between the parties (affidavit dated 14.10.2025 and endorsement in the court bundle); appeal dismissed as withdrawn with no costs; connected miscellaneous petition C.M.P.No.7771 of 2018 closed. ¶37

M. Manoharan Vs P. Balamurugan — Madras HC (2025) — LawSathi Research

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A.S. No.314 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.10.2025

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CORAM:

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THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE

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A.S.No.314 of 2018 and

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C.M.P.No.7771 of 2018

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M. Manoharan s/o. Ponmudi chettia @ murugesan, Old.No.9/3, New.No.9/d3, Kamatchiamman kovil opp. Nehru street, Udumalpet. ...Appellant

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Vs.

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1.P. Balamurugan s/o. V. Palanisamy, 142f/1, keerthik illam, Elayamuthur pirivu, Dhali road, udumalpet.

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M.kamalam (died)

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M. Rajendran, S/o. Ponmudi chettiar @ murugesan, 8/c85, r.r. Comples, 1 st floor, Kandiyapillai st, opp. Devi talkies, Srirangam, trichy.

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3.P. Baskaran S/o. Ponmudi chettiar @ murugesan, O.no.3/460, n.no.5/312, Madha layour, udumalpet.

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4.R. Shanthi

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1/5

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

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A.S. No.314 of 2018

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w/o. Rajasekar, 52, p.v.kovil st, Udumalpet. 5.M/s.Central Bank of india rep.by its senion manager, Dhali road, Udumalpet.

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6.M.krithika W/o. S. Mohanasenthil, Periakulam vayal thottam, Vadaputhanam, sundakampalayam, Udumalpet.

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7.V.murugavel S/o.Velligiriappan, Sundakampalayam, Bodipatti po, Udumalpet.

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8.R.Vanitha W/o. Rajarajan, 5/312, Matha layout, Udumalpet.

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9.M.Janaki D/o. Manokaran, 5/312, Matha layout, Udumalpet. ...Respondents

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PRAYER in A.S.:

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Appeal suit filed under Order 41 Rule 1 read with Section 96 of Code of Civil Procedure to set aside the Judgment and Decree dated 20.11.2017 made in O.S.No.627 of 2009 on the file of the learned First Additional District and Sessions Court, Tiruppur by allowing this first

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2/5

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

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A.S. No.314 of 2018

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appeal before this Court and thus render justice.

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PRAYER IN C.M.P.:

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To stay the operation of the Judgment and Decree dated 20.11.2017 made in O.S.No.627 of 2009 on the file of the learned First Additional District and Sessions Court, Tiruppur pending disposal of the appeal before this Court and thus render justice.

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APPEARANCE OF PARTIES:

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For Appellant : Mr.V.Anandhamurthy.

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For Respondents : Mr.M.Sivavarthanan for R1. Mr.S.Rangasamy for R5. R2 – shop not functioning. R4 – no residence. R3, R6, R7, R8 & R9 – served.

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J U D G M E N T

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When this matter is taken up for hearing, the learned counsel for

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the appellant seeks permission of this Court to withdraw this appeal in view of the settlement arrived between the parties and has filed an affidavit dated 14.10.2025 to that effect and has also made an endorsement in the court bundle.

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2.Hence, this appeal is dismissed as withdrawn. No costs.

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Consequently, the connected miscellaneous petition is closed.

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24.10.2025

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3/5

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

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A.S. No.314 of 2018