R.Venkatesan (Deceased) vs M.Mani
2021 Latest Caselaw 3279 Mad

                                                                                 S.A.No.1751 of 2002

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 10.02.2021

                                                       CORAM:

                                   THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                S.A.No.1751 of 2002


                     1.R.Venkatesan (deceased)
                     2.R.Kandasamy
                     3.R.Saraswathy
                     4.R.Rathinam
                     (Memo recorded the appellants 2 to 4 recorded as
                     legal representatives of the deceased 1st appellant
                     as per order dated 16.12.2011 made in memo
                     dated 09.12.2011 in S.A.No.1751/2002)           ... Appellants

                                                         .. Vs ..

                     1.M.Mani
                     2.L.Maruthachalam
                     3.L.Kaniappan (Died)
                     4.K.Balakrishnan (LR's of R3)
                     5.Iyammal (Deceased)
                     [Memo ordered appellants 2 to 4 recorded as LRs
                     of the deceased R5 vide memo dated 09.12.2011
                     as per order of the Court 15.12.17 in S.A.No.
                     1751/02 (TRNJ)]
                     6.palaniammal
                     7.Kannammal
                     [RR6&7 brought on record as L.R's of the deceased
                     3rd respondent viz.L.Kanniappan vide order of Court
                     dated 08.2.21 made in C.M.P.No.799/2021 in
                     S.A.No.1751/2002(TKRJ)]                             ....Respondents


                     Prayer :- Appeal filed under Section 100 of the Civil Procedure Code against
                     the Decree and Judgment dated 26.04.2002 made in A.S.No.61 of 2000 on
                     the file of the I Additional District Judge-cum-Chief Judicial Magistrate,

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                                                                                   S.A.No.1751 of 2002

                     Coimbatore reversing the Decree and Judgment dated 26.07.99 made in
                     O.S.No.205/1991 on the file of the II Additional Subordinate Judge,
                     Coimbatore.


                                   For Appellant       : Mr.C.R.Prasannan
                                   For R1              : Mr.N.Sridhar
                                                        For M/s.Srinath Sridevan
                                   For R2,R4,R6&R7     : Mr.M.Marudhachalam
                                   For R3              : Died
                                   For R5              : Died
                                                           -----

                                                   JUDGMENT

Both the learned counsel for the appellants and the respondents

appeared through Video Conferencing.

2. Due to best efforts of the Mediator D.B.Kalaichelvi, the matter has

ended in compromise and a Memo of Compromise has been filed whereby the

parties have resolved the dispute and hence, the Memo of Compromise is

taken on file and shall form part of the decree and hence, this Second Appeal

is permitted to be withdrawn.

3. In view of the Memo of Compromise, it is made clear that the

respective parties shall adhere to terms of the compromise stated therein.

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4. Accordingly, this Second Appeal is dismissed as withdrawn.

No costs.

                                                                           10.02.2021

                     nvi

                     Index    : Yes / No
                     Internet : Yes

Note: Issue order copy on 15.02.2021 To

1. The I Additional District Judge-cum-Chief Judicial Magistrate, Coimbatore

2. The II Additional Subordinate Judge, Coimbatore.

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RMT.TEEKAA RAMAN,J.,

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S.A.No.1751 of 2002

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