Jaya @ Jayalakshmi vs K.Raja
2021 Latest Caselaw 10678 Mad

                                                                                   S.A.No 172 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 26.04.2021

                                                         CORAM:
                                     THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
                                                  S.A. No.172 of 2017
                                              and C.M.P. No.19060 of 2018

                1.Jaya @ Jayalakshmi
                2.Balan
                3.Senthamarai                                                          .. Appellants
                                                           Vs

                K.Raja                                                              .. Respondents

                          Second Appeal filed under Section 100 of Civil Procedure Code, 1908,
                against the judgment and decree dated 16.08.2016 in A.S. No.19 of 2015 on
                the file II Additional District & Sessions Court, Salem, reversing the judgment
                and decree dated 02.12.2014 in O.S. No.429 of 2011 on the file of the Principal
                Subordinate Court, Salem.


                                    For Appellants          : Mr. D.Shivakumaran
                                    For Respondent          : Mr. K.Ponmani


                                                       JUDGMENT

This second appeal was earlier referred to Lok Adalat by order dated

26.03.2021. The parties appeared before the National Lok Adalat held on

10.04.2021. It appears that the parties have negotiated and arrived at a

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

S.A.No 172 of 2017

settlement and the Lok Adalat passed an award on 10.04.2021, recording the

compromise. The award was passed in terms of the compromise memo signed

by the parties in the presence of their respective counsels. It is seen that in the

compromise memo presented by the parties there is no clause with regard to the

disposal of the second appeal. Hence learned counsel appearing for the

appellants prays this Court to dispose of the second appeal also in terms of the

compromise memo and the award of Lok Adalat in S.A. No.172 of 2017.

2. Accordingly, the second appeal is disposed of in terms of compromise

memo and the petition filed under Order XXIII Rule 3 CPC before the Lok

Adalat in S.A. No.172 of 2017. No costs. Consequently, connected

miscellaneous petition is closed. Since the second appeal is disposed of in

terms of compromise that was signed by the parties in the presence of their

respective counsel, the terms of compromise as agreed between the parties and

the plan appended to the terms of compromise shall form a part of decree in this

Second Appeal.

26.04.2021

Index:Yes/No Speaking order / Non speaking order bkn

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

S.A.No 172 of 2017

To

The II Additional District & Sessions Court, Salem.

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

S.A.No 172 of 2017

S.S.SUNDAR. J.,

bkn

S.A. No. 172 of 2017

26.04.2021

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