Rengaraj vs Raja
2021 Latest Caselaw 21981 Mad

                                                              1        A.S.(MD)No.210 OF 2011

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 02.11.2021

                                                     CORAM

                       THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          A.S.(MD)No.210 of 2011 and
                                             M.P.(MD)No.1 of 2011

                     1. Rengaraj
                     2. Chandra                              ... Appellants / Plaintiffs

                                                       Vs.
                     1.    Raja
                     2.    Chinnaraj
                     3.    Perammal
                     4.    Thangapandiyan
                     5.    Rathinavel
                     6.    Thangavelammal
                     7.    Sakthivelammal
                     8.    Aandammal
                     9.    Kumarammal              ... Respondents / Defendants 1 to 9

                                  Prayer: Appeal suit filed under Section 96 of C.P.C.,
                     to set aside the decree and judgment dated 19.07.2011 passed
                     in O.S.No.77 of 2010 on the file of the Additional District
                     Judge cum Fast Track Court, Dindigul and allow the above
                     appeal.


                                  For Appellants   : Mr.A.Robinson
                                  For R-3 to R-7   : Mr.Arul,
                                                     for Mr.R.Nandakumar.
                                  For R-1,R-2 &
                                     R-8 & R-9     : No appearance.
                                                      ***

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                                                            2        A.S.(MD)No.210 OF 2011



                                                JUDGMENT

The plaintiffs in O.S.No.77 of 2010 on the file of the

Additional District Judge, Fast Track Court, Dindigul, are the

appellants in this appeal.

2. The suit was for declaration that the earlier decree

made in O.S.No.157 of 1975 is null and void and other

consequential reliefs. The suit was dismissed by the impugned

judgment and decree dated 19.07.2011. Challenging the same,

this appeal suit came to be filed.

3. When the matter was taken up for hearing, I

suggested to the learned counsel on either side to prevail

upon the parties to arrive at an amicable settlement. The

parties also appeared before me on more than one occasion.

4. I am happy to record that after marathon

negotiations between the parties, the matter has been

amicably settled. A memo of compromise has been filed. It has

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

been signed by all the parties as well as the respective

counsel. Therefore, the impugned judgment and decree are

set aside and this appeal suit is disposed of in terms of the

memo of compromise dated 02.11.2021. The memo of

compromise along with sketch and the report filed by the

Advocate Commissioner shall form part of the decree. The Sub

Registrar, Ottanchathiram is directed to engross the decree.

5. By consent of both the parties, Mr.A.Mohammed

Haneef, No.103, Lawyers Chamber, Madurai Bench of Madras

High Court, Madurai, Cell No.9842494977, is appointed as

Advocate Commissioner to ensure that the properties are duly

identified and also partitioned as per the memo of compromise

and delivery is also effected. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                                       02.11.2021


                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

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

G.R.SWAMINATHAN,J.

PMU

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 Additional District Judge cum Fast Track Court, Dindigul.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

A.S.(MD)No.210 of 2011

02.11.2021

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