Madras High Court
Vasantha vs Muthulakshmi (Died) on 26 August, 2021
S.A(MD)No.601 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.601 of 2011
Mariammal (Died)
1.Vasantha
2.Muthupandian
3.Santhi
4.Madasamy
5.Gopalakrishnan
6.Manjula ... Appellant 1-6 / Respondent 1-7 /
Defendants 1 -7
-Vs-
Chellathurai (Died)
1.Muthulakshmi (Died)
2.Madasamy
3.Manjula
4.Manthiram
5.Selvakumar ... Respondents 1-5 / Appellants 1-6/
Plaintiffs 1-6
(vide order dated 26.08.2021, the fifth respondent was suo motu
declared as major and discharged from the guardianship of
his mother first respondent)
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S.A(MD)No.601 of 2011
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree of the lower appellate Court dated
04.03.2011 passed in A.S.No.23 of 2010 on the file of the Subordinate
Court, Kovilpatti, partly reversing the judgment and decree of the trial
Court dated 17.12.2009 passed in O.S.No.28 of 2008 on the file of the
District Munsif Court, Kovilpatti.
For Appellants : Mr.M.Muthugeethayan
For Respondents : Mr.A.Kuttijegan
JUDGMENT
This second appeal arises out of partition suit. O.S.No.28 of 2008
was filed by one Chellathurai on the file of the District Munsif Court,
Kovilpatti seeking partition and separate possession of 1/2 share in the suit
properties.
2.During the pendency of the suit, he passed away and his legal
representatives came on record. By judgment and decree dated 17.12.2009,
the suit was dismissed. Aggrieved by the same, the plaintiff filed A.S.No.
23 of 2010 before the Sub Court, Kovilpatti. By judgment and decree dated
04.03.2011, the first appellate Court allowed the appeal. Challenging the
same, this second appeal came to be filed by the defendants 1 to 7.
https://www.mhc.tn.gov.in/judis/
S.A(MD)No.601 of 2011
3. During the pendency of the second appeal, the dispute has been
amicably resolved. A joint memo of compromise has already been filed
before this Court. It is stated that the first appellant Vasantha is in hospital.
The 5th appellant Gopalakrishnan is working in Border Security Force.
Therefore, they are unable to be present. The other appellants are present
before me. They have been duly identified by their counsel. Likewise, the
respondents 2 to 5 are also present before me. They have been duly
identified by their counsel.
4. I am satisfied that the issue has been amicably resolved. The
judgment and decree passed by the trial Court is set aside and this second
appeal is disposed of in terms of the joint memo of compromise. The joint
memo of compromise dated 12.08.2021 shall form part of the decree. No
costs.
26.08.2021
Internet : Yes/No
Index : Yes/No
rmi
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S.A(MD)No.601 of 2011
G.R.SWAMINATHAN.J.,
rmi
To
1.The Subordinate Court, Kovilpatti.
2. The District Munsif Court, Kovilpatti.
3.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
S.A.(MD)No.601 of 2011
26.08.2021
(2/2)
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