Madras High Court
Dr.Sivashanmugham vs Muthulingam (Died) on 22 December, 2023
S.A.No.401 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
S.A.No.401 of 2007
Dr.Sivashanmugham ... Appellant
vs.
1.Muthulingam (died)
2.Ananthampillai
3.Devadoss
4.Singaram
5.Ramalingam
6.Muthulakshmi
7.Uma Maheswari
8.Thangavelu
9.Velavan
10.Thamizharasi
11.Suganthi
12.Gunarubavathi ...Respondents
(Respondents 6 to 12 are impleaded as LRs of
the deceased first respondent vide order dated 22.12.2023
in C.M.P.Nos.28761, 28764 and 28768 of 2023)
Prayer:- Second Appeal filed under Section 100 of the Civil Procedure
Code against the judgment and decree dated 04.11.2006 in A.S.No.116
Page 1 of 5
https://www.mhc.tn.gov.in/judis
S.A.No.401 of 2007
of 2005 passed by the learned Additional Sub Judge, Mayiladurai,
reversing the judgment and decree dated 29.06.2005 in O.S.No.171 of
1999 passed by the learned District Munsif Judge, Seerkali.
For appellant : Mr.K.K.Senthilvelan,
Senior Advocate
for M/s.B.S.G. Firm
For R1 : Died
For R2 to R5 : Dismissed
For R6 to R12 : Mr.B.Jawahar
*****
JUDGMENT
Due to the death of the first respondent, his legal heirs are impleaded as respondents 6 to 12 today.
2. The learned Senior Counsel appearing for the appellant would submit that the respondents 2 to 5 are not contesting parties and the counsel on record has made an endorsement in the case bundle to that effect.
Page 2 of 5 https://www.mhc.tn.gov.in/judis S.A.No.401 of 2007
3. In view of the above endorsement, this second appeal stands dismissed as against respondents 2 to 5.
4. In respect of other parties, this Court has interacted with the sole appellant through virtual mode, and the respondents 6 to 12 are present in person before this Court. All of them agreed to pass an order, in terms of the Joint Memo of Compromise dated 22.12.2023.
5. This Court has given its anxious consideration to either side submissions and also perused the Joint Memo of Compromise dated 22.12.2023 which is annexed with the Settlement agreement and plan.
6. In view of the said Joint Memo of Compromise alongwith the Settlement agreement and plan, this Court deems it appropriate to dispose of this second appeal, in terms of the said Joint Memo of Compromise and the Settlement agreement and Plan.
7. Hence, this second appeal is ordered, in terms of the Joint Memo of Compromise, Settlement agreement and Plan. Further, the Joint Page 3 of 5 https://www.mhc.tn.gov.in/judis S.A.No.401 of 2007 Memo of Compromise, Settlement agreement and Plan shall form part of this order. There shall be no order as to costs.
22.12.2023.
Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd To
1. The Additional Sub Judge, Mayiladurai.
2. The District Munsif Judge, Seerkali.
3.The Section Officer, V.R.Section, High Court, Madras. Page 4 of 5 https://www.mhc.tn.gov.in/judis S.A.No.401 of 2007 C.KUMARAPPAN,J.
apd S.A.No.401 of 2007 22.12.2023 Page 5 of 5 https://www.mhc.tn.gov.in/judis