Madras High Court
Paramakudi Sourastra Sabha vs Manicka S.Lakshmanados on 8 November, 2021
S.A(MD)No.45 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.11.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
S.A(MD)No.45 of 2011
1.Paramakudi Sourastra Sabha,
Through its President,
Residing at
Paramakudi Town,
Paramakudi.
2.Paramakudi Sourastra Sabha,
Through its Secretary,
Residing at
Paramakudi Town,
Paramakudi.
Kithuva K.Rajaram (died)
3.Kunka K.R.Krishnamoorthy ... Appellants
(Cause title accepted vide order dated 11.11.2010
made in M.P(MD)No.1 of 2010 in
S.A(MD)SR.No.18816/2010)
Vs.
Manicka S.Lakshmanados ... Respondent
Prayer: Second Appeal is filed under Section 100 of the Code of Civil
Procedure against the judgment and decree dated 25.11.2009, passed in
1/4
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S.A(MD)No.45 of 2011
A.S.No.1 of 2009 on the file of the Additional District and Sessions Court,
(Fast Track Court), Ramanathapuram, reversing the judgment and decree
dated 18.11.2008, passed in O.S.No.19 of 2006 on the file of the Sub Court,
Paramakudi.
For Appellants : Mr.K.Govindarajan
For Respondent : Mr.S.Manoharan
JUDGMENT
The Judgment and decree passed in A.S.No.1 of 2009 on the file of
the Additional District and Sessions Court, (Fast Track Court),
Ramanathapuram, are being challenged in the present second appeal.
2.The respondent / plaintiff filed the suit in O.S.No.19 of 2006 for
declaration of title and also for injunction. The Trial Court dismissed the
suit. Against which, the respondent / plaintiff filed an appeal in A.S.No.1 of
2009 before the first appellate Court. The first appellate Court allowed the
appeal setting aside the Judgment and decree passed by the Trial Court and
ultimately decreed the suit as prayed for. Against the Judgment and decree
passed by the first appellate Court, the appellants / defendants have filed this
second appeal.
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S.A(MD)No.45 of 2011
3.When the matter was taken up for hearing on 12.12.2018, both the
learned counsel represented that there is a possibility of settlement and steps
were taken on either side for an amicable settlement. Today, it is represented
by the learned counsel for both sides that the matter has been settled
between the parties. The learned counsel appearing for the appellant has also
filed a memo, dated 21.02.2019, stating that Manicka S.Lakshmanados-the
respondent / plaintiff had executed a sale deed for a sum of Rs.2,78,000/- in
favour of the President, Sourastra Kalvi Kuzhu, namely,
N.S.Krishnamoorthy on 23.01.2019 and that nothing survives for
adjudication in the matter.
4.As the respondent had executed a sale deed in favour of the
President, Sourastra Kalvi Kuzhu, namely, N.S.Krishnamoorthy on
23.01.2019, nothing survives for adjudication in this matter and the Second
Appeal is disposed of. The sale deed, dated 23.01.2019, shall form part of
the decree.
08.11.2021
Index : Yes/No
Internet : Yes/No
ps
https://www.mhc.tn.gov.in/judis/
S.A(MD)No.45 of 2011
V.BHAVANI SUBBAROYAN, J.
ps
To
1.The Additional District and Sessions Judge,
Fast Track Court, Ramanathapuram.
2.The Subordinate Judge,
Paramakudi.
3.The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
S.A(MD)No.45 of 2011
08.11.2021
https://www.mhc.tn.gov.in/judis/
