A.Madalaimary vs Pitchaimithu(Died)
2021 Latest Caselaw 25255 Mad

                                                                           S.A(MD)No.848 of 2005



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 22.12.2021

                                                    CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                            S.A(MD)No.848 of 2005

                     A.Madalaimary                           ... Appellant/
                                                                 1st Respondent/1st Defendant
                                                       Vs.
                     1.Pitchaimithu(Died)
                     2.Arockiyam                             ... Respondents/
                                                                Appellants/Plaintiffs
                     3.Arockiyam
                     4.Similraj
                     5.Johnpeter
                     6.Elumalai
                     7.Narayanee Ammal                        ...Respondents/
                                                                 Respondents 2 to 6/
                                                                 Defendants 2 to 6
                     8.Sesammal
                     9.Thanislas(Died)
                     10.Josphinmary
                     11.John Robert
                     12.Mercy
                     13.Mariyatheras
                     14.Rose Rejina Mary
                     15.Rethinam
                     16.Vinsent
                        (R8 to R16 are brought on record as legal heirs of the
                        deceased first respondent, vide order of this Court, dated
                        30.10.2018, passed in C.M.P(MD)No.9287 of 2018.)


                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                   S.A(MD)No.848 of 2005

                     17.Savarimuthu
                     18.Mariyasundharam
                     19.Thomas
                     20.Francis
                        (R17 to R20 are brought on record as legal heirs of the
                        deceased first respondent, vide order of this Court, dated
                        22.12.2021, passed in C.M.P(MD)No.11036 of 2021.)


                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree passed in A.S.No.6 of
                     2004, dated 22.09.2004, on the file of Subordinate Court, Kulithalai,
                     decreeing the suit in O.S.No.158 of 1997, dated 10.12.2003 on the file of
                     District Munsif Court, Kulithalai.


                                         For Appellant   : Mr.H.Lakshmi Shankar
                                         For Respondents : Mr.Raguvaran Gopalan


                                                           JUDGMENT

First defendant is the appellant.

2. The plaintiff has filed a O.S.No.158 of 1997, on the file of the

District Munsif Court, Kulithalai, for the relief of permanent injunction,

restraining from interfering with the enjoyment of the suit schedule

properties. Considering oral and documentary evidence, the trial Court

https://www.mhc.tn.gov.in/judis S.A(MD)No.848 of 2005

dismissed the suit. As against the same, the plaintiffs have filed A.S.No.6

of 2004 before Subcourt, Kulithalai. The learned Subordinate Judge

allowed the appeal and decreed the suit as prayed for. As against the

same, the present second appeal has been filed by the first defendant.

3. During the pendency of the second appeal, both the first and

second respondent have passed away and their respective legal heirs have

already been brought on record. Now, both the parties have come out

with the Joint Memo of Compromise. The Compromise Memo has been

signed by all the parties and their respective counsels. A Plan is attached

to the said Joint Compromise Memo. As per the Plan, the blue marked is

allotted to the share of Group A and red marked is allotted to the

members of Group B jointly.

4. Today the parties are present and they acknowledge their

consent for the said Joint Memo of Compromise. Memo of Compromise

is recorded and a decree is passed in terms of the Compromise Memo.

The Compromise Memo and the Plan attached to the Compromise Memo

shall form part of the Compromise decree. The Memo is recorded and a

https://www.mhc.tn.gov.in/judis S.A(MD)No.848 of 2005

decree is passed accordingly. No costs. The Second Appeal is disposed

of on the above terms.

                                                                              22.12.2021
                                                                                (2/2)
                     gbg

                     Index        :     Yes / No
                     Internet     :     Yes / No


                     Note :

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 Subordinate Court, Kulithalai.

2.The District Munsif Court, Kulithalai.

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A(MD)No.848 of 2005

R.VIJAYAKUMAR ,J.

gbg

Order made in S.A(MD)No.848 of 2005

Dated:

22.12.2021

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