Madras High Court
Padmini vs Nalinakumari on 22 April, 2021
1 S.A.(MD)NO.389 OF 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.389 of 2014 and
M.P.(MD)No.1 of 2014
1. Padmini
2. Vishnu ... Appellants/Respondents/
Defendants
Vs.
1. Nalinakumari
2. Manikandan ... Respondents/Appellants/
Plaintiffs
Prayer: Second appeal filed under Section 100 of
C.P.C., to set aside the Judgment and Decree dated
05.09.2013 in A.S.No.22 of 2012 on the file of the I Additional
Subordinate Judge at Nagercoil Camp at Padmanabhapuram
reversing the Judgment and Decree dated 27.06.2011 in
O.S.No.203 of 2006 on the file of the Additional District
Munsif, Eraniel, by allowing this appeal.
For Appellants : Mr.S.C.Herold Singh
For Respondents : Mr.D.Srinivasa Raghavan
***
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2 S.A.(MD)NO.389 OF 2014
JUDGMENT
Heard the learned counsel on either side.
2. The defendants in O.S.No.203 of 2006 on the file of
the Additional District Munsif Court, Eraniel, are the
appellants herein.
3. The suit was filed seeking the relief of declaration
and injunction. Vide Judgment and Decree dated 27.06.2011,
the suit was dismissed. Questioning the same, the plaintiffs
filed A.S.No.22 of 2012 before the I Additional Sub Court,
Nagercoil Camp at Padmanabhapuram. Vide Judgment and
Decree dated 05.09.2013, the Judgment and Decree passed by
the trial Court was set aside and the appeal was allowed.
Challenging the same, the defendants have filed this second
appeal.
4. During the pendency of the appeal, it was
suggested that the matter can be amicably resolved and it was
sent for mediation. The parties appeared before the Tamil
Nadu Mediation and Conciliation Centre, Madurai Bench of Madras
High Court, Madurai and the matter was settled. The settlement
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3 S.A.(MD)NO.389 OF 2014
has also been reduced into writing. The same is enclosed with
the mediation report.
5. This second appeal is disposed of in terms of the
said settlement agreement dated 31.03.2021. It will form part
of the decree.
6. As per the terms of the agreement, the plaintiffs
will have to execute a sale deed after receiving the balance
sale consideration of Rs.6,25,000/-. The learned counsel on
either side inform the Court that without Ex.A.1, the proposed
sale deed cannot be registered.
7. Therefore, Registry is directed to return Ex.A.1
dated 08.07.1983 to the learned counsel appearing for the
respondents, after the same is duly substituted by a
photocopy. No costs. Consequently, connected miscellaneous
petition is closed.
22.04.2021
Index : Yes / No
Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis/
4 S.A.(MD)NO.389 OF 2014
Note: 1. Issue order copy on 26.04.2021.
2. In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:
1. The I Additional Subordinate Judge,
Nagercoil Camp at Padmanabhapuram.
2. The Additional District Munsif,
Eraniel.
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5 S.A.(MD)NO.389 OF 2014
G.R.SWAMINATHAN,J.
PMU
S.A.(MD)No.389 of 2014
22.04.2021
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