K.Asokan vs K.Rajagopalan (Died)
2021 Latest Caselaw 22904 Mad

Citation : 2021 Latest Caselaw 22904 Mad
Judgement Date : 23 November, 2021

Madras High Court

K.Asokan vs K.Rajagopalan (Died) on 23 November, 2021

                                                                                 S.A(MD)No.405 of 2013


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 23.11.2021

                                                      CORAM

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                             S.A(MD)No.405 of 2013
                                                     and
                                              M.P(MD)No.2 of 2013

                    K.Asokan                       ... Appellant / Appellant / Plaintiff

                                                   Vs.

                    1.K.Rajagopalan (died)
                    2.Elavarasan
                    3.Mathivanan                   ... Respondents 1 to 3 /
                                                           Respondents / Defendants

                    4.Thilagavathi
                    5.Kalaiselvi                   ... Respondents 4 & 5 /
                                                         Lrs of the deceased first respondent

                        (RR 4 & 5 were brought on record as Lrs of the deceased
                          first respondent vide order dated 20.08.2020 made
                          in C.M.P(MD)Nos.6277 to 6279 of 2013 in
                          S.A(MD)No.405 of 2013)

                    Prayer: Second Appeal filed under Section 100 of the Code of Civil
                    Procedure against the judgment and decree, dated 06.02.2012, passed in
                    A.S.No.79 of 2011, on the file of IV Additional Subordinate Court,
                    Tiruchirappalli, confirming the judgment and decree, dated 03.01.2011,
                    passed in O.S.No.220 of 2001, on the file of the District Munsif Court,
                    Musiri.

                    1/26

https://www.mhc.tn.gov.in/judis
                                                                                    S.A(MD)No.405 of 2013




                                    For Appellant             : Mr.B.Ponnu Pandi
                                                                 for Mr.K.Govindarajan

                                    For RR 2 & 3              : Mr.V.Singan



                                                       JUDGMENT

The concurrent Judgments and decrees passed in O.S.No.220 of 2001,

by the District Munsif Court, Musiri and in A.S.No.79 of 2011, by the IV

Additional Subordinate Court, Tiruchirappalli, are being challenged in the

present second appeal.

2. The appellant / plaintiff has instituted a suit in O.S.No.220 of 2001

on the file of the trial Court for the relief of declaration that the suit "A"

schedule property belongs to the plaintiff and as a consequential relief of

permanent injunction restraining the defendants from interfering with the

plaintiff's possession and enjoyment of the suit "A" schedule property,

wherein the respondents 1 to 3 have been shown as defendants.

https://www.mhc.tn.gov.in/judis S.A(MD)No.405 of 2013

3. The learned counsel appearing on either side submitted that the

parties have entered into a compromise before the Lok Adalat on 08.12.2018

and submitted that nothing survives for adjudication in the Second Appeal.

4. In the connected issue in LoK Adalat No.168 of 2018, the parties,

namely the respondents 2 and 3 herein as appellants and the appellant herein

as respondent along with 19 others have entered into the compromise,

wherein in Clause No.1 it has been stated that the settlement includes the

properties in O.S.No.220 of 2011 in A.S.No.79 of 2011 in S.A.No.405 of

2013 and accordingly, the said compromise was accepted by the said Lok

Adalat and they entered into a compromise before the Lok Adalat No.168 of

2018 on 08.12.2018 and the same has been scanned and reproduced infra:

https://www.mhc.tn.gov.in/judis S.A(MD)No.405 of 2013

5. In view of the submission made by the learned counsel on either

side, the Second Appeal is disposed of. Lok Adalat No.168 of 2018 shall

form part of the Judgment and Decree. No costs. Consequently, connected

Miscellaneous Petition is closed.

                                                                                   23.11.2021
                    Index          : Yes/No
                    Internet       : Yes/No
                    ps

                    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.

https://www.mhc.tn.gov.in/judis S.A(MD)No.405 of 2013

1.The IV Additional Subordinate Court, Tiruchirappalli.

2.The District Munsif Court, Musiri.

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

https://www.mhc.tn.gov.in/judis S.A(MD)No.405 of 2013

V.BHAVANI SUBBAROYAN, J.

Judgment made in S.A(MD)No.405 of 2013

23.11.2021

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