Madras High Court
R.Sathish Kumar vs R.Sudha .. 1St on 24 November, 2021
A.S.(MD)No.153 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
A.S.(MD)No.153 of 2021
and
C.M.P(MD)Nos.5068 and 5069 of 2021
R.Sathish Kumar .. Appellant/1st Defendant
Vs.
1.R.Sudha .. 1st Respondent/Plaintiff
2.The District Manager,
IMFS Depot, TASMAC Ltd.,
Plot No.C-104,
SIPCOT Industrial Complex Area,
Madurai-Thoothukudi Bye-pass Road,
Tuticorin. .. 2nd Respondent/2nd Defendant
PRAYER: Appeal filed under Section 96 of the Civil Procedure Code,
against the judgment and decree in ordering partition of ½ share relating
to suit 4th schedule property and dismissing the prayer of declaration and
injunction regarding 4th schedule property in the counter claim in O.S.No.
4 of 2017 on the file of the learned Additional District and Sessions
1/5
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A.S.(MD)No.153 of 2021
Judge, Virudhunagar, dated 26.02.2021.
For Appellant : Mr.S.Meenakshi Sundaram
for Mr.A.Srinivasan
For R1 : Mr.R.R.Kannan
For R2 : Mr.B.Jameel Arasu
JUDGMENT
S.VAIDYANATHAN, J.
And
DR.G.JAYACHANDRAN, J.
The first defendant is the appellant herein and the plaintiff is the
first respondent herein. Today, both the parties are present before this
Court.
2. This first appeal is directed against the judgment and decree
dated 26.02.2021, in O.S.No.4 of 2017 passed by the learned Additional
District and Sessions Judge, Virudhunagar, which is a partition suit and
partly allowed.
3.Aggrieved by the said judgment and decree, the first defendant
preferred this appeal, who has now entered into compromise with the first
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A.S.(MD)No.153 of 2021
respondent/plaintiff pursuant to the efforts of the Mediation and
Conciliation Centre attached to the Madurai Bench of Madras High Court.
4. On perusal of the mediation report, this Court finds that the
parties have arrived at an agreement and memorandum of compromise
also filed in respect of dividing the property in question.
5. Recording the said compromise memo, this first appeal is
disposed of. The memorandum of compromise shall form part of the
judgment. No Costs. Consequently, connected C.M.P(MD)Nos.5068 and
5069 of 2021 are closed.
6. Since the matter has been settled through mediation, the parties
are entitled to refund of Court fee as per the provisions of law.
[S.V.N.,J.] [G.J.,J.]
24.11.2021
Index : Yes / No
Internet : Yes / No
PJL
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.153 of 2021
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 and Sessions Judge,
Virudhunagar.
2.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.153 of 2021
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
PJL
A.S.(MD)No.153 of 2021
24.11.2021
https://www.mhc.tn.gov.in/judis
