Madras High Court
Rajamani vs Vasantha on 11 August, 2021
S.A.No.1490 of 2001
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.No.1490 of 2001
1.Rajamani
2.Saritha
3.Amala
4.Suresh ... Plaintiffs / Respondents / Appellants
(vide order dated 12.09.2019 made in C.M.P.(MD)Nos.6458, 6459 & 6461
of 2019, A2 to A4 are declared as majors and discharged from the
guardianship of their mother)
-Vs-
1.Vasantha
2.Indirani
3.Manika Gounder ... Defendants / Appellants / Respondents
(vide order dated 11.08.2021, Indirani was declared as major and
discharged from the guardianship of her mother R1)
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree dated 06.02.2001 made in A.S.No.44
of 1999 on the file of the Sub Court, Kulithalai, reversing the judgment and
decree dated 11.02.1999 made in O.S.No.46 of 1995 on the file of the
District Munsif Court, Kulithalai.
For Appellants : Mr.K.Govindarajan
for Mr.S.Pon Senthil Kumar
For Respondents : Mr.G.Sridharan
for Mr.T.M.Hari Haran
https://www.mhc.tn.gov.in/judis/
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S.A.No.1490 of 2001
JUDGMENT
Rajamani and her three children namely Saritha, Amala and Suresh
filed O.S.No.46 of 1995 on the file of the District Munsif Court, Kulithalai,
seeking the relief of declaration and permanent injunction against Vasantha
and her minor daughter Indirani and one Manika Gounder.
2. The suit was decreed on 11.02.1999. Challenging the same, the
defendants filed A.S.No.44 of 1999 before the Sub Court, Kulithalai.
By judgment and decree dated 06.02.2001, the decision of the trial Court
was set aside. The appeal was allowed and the suit was dismissed.
Aggrieved by the same, this second appeal came to be filed by the
plaintiffs.
3. On the last occasion, the counsel for the parties submitted that the
matter can be amicably resolved. Hence, the case was adjourned. Today,
the appellants as well as the respondents appeared before this Court
through video conference. The respective counsel identified them. I also
had an interaction with them. I am satisfied that the issue has been
amicably resolved. The parties have filed a memo of compromise.
In the memo of compromise, the manner, in which, the suit properties are
going to be owned and enjoyed, has also been delineated. The joint memo
https://www.mhc.tn.gov.in/judis/
S.A.No.1490 of 2001
of compromise dated 10.08.2021 has been signed by both the parties and
their counsel. It is taken on record and it shall form part of the decree. The
second appeal is disposed of in terms of the aforesaid joint memo of
compromise. The parties are also entitled to register the decree passed in
S.A.No.1490 of 2001. No costs.
11.08.2021
Internet : Yes/No
Index : Yes/No
rmi
To
1.The Sub Court, Kulithalai.
2. The District Munsif Court, Kulithalai..
3.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
S.A.No.1490 of 2001
G.R.SWAMINATHAN.J.,
rmi
Judgment made in
S.A.No.1490 of 2001
11.08.2021
https://www.mhc.tn.gov.in/judis/
