Madras High Court
K.P.Shanmugham vs K.P.Gunasekaran on 25 November, 2021
S.A.No.1195 of 2009
and M.P.No.1 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
S.A.No.1195 of 2009
and M.P.No.1 of 2012
1.K.P.Shanmugham
2.P.K.Nalini ... Appellants
Vs
1.K.P.Gunasekaran
2.K.Bhanumathy ... Respondents
Second Appeal filed under Section 100 of the Code of Civil
Procedure as against the judgment and decree dated 16.03.2009 made in
A.S.No.594 of 2005 by the VI Additional Judge, City Civil Court, Chennai
in reversing the judgment and decree dated 28.12.2004 made in
O.S.No.13054 of 1996 by the III Assistant Judge, City Civil Court, Chennai.
For Appellants : Mr.C.Umashankar
For Respondents : Mr.R.Thiagarajan
JUDGMENT
Today, when the matter is taken up for hearing, the learned counsel
for the appellants as well as the respondents would submit that the dispute
between the parties, who are brothers and sisters, has been settled amicably
and they have also filed a Joint Memorandum of Compromise duly signed
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S.A.No.1195 of 2009
and M.P.No.1 of 2012
by both the parties and their respective counsel. The said Joint
Memorandum of Compromise reads as follows :
''The above second appeal was filed by the appellants
seeking to set aside the judgment decree passed in A.S.No.597
of 2005, pending second appeal, parties herein have
compromised the pending issues between them and by which
they have come to an understanding and the same is being
reduced into writing by way of this joint memorandum of
compromise.
1.The plaintiffs, who are the appellants in the
above S.A. hereby give up the prayers 1, 2 and 4 of the
plaint in O.S.No.13054 of 1996 and both parties herein
agree that the eastern wall of the Appellants properties
which is a common wall that divides the premises at
Door Nos.316 and 317, Konnur High Road,
Ayanavaram, Chennai – 600 023 will be closed/plastered
without any opening on the wall.
2.The parties herein have agreed that the water
supply to the Door No.316, Konnur High Road, given by
CMWSSB by virtue of order dated 28.02.2020 in
W.P.No.23381 of 2017 shall remain forever as a separate
connection on the names of Appellants, herein.
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S.A.No.1195 of 2009
and M.P.No.1 of 2012
3.The parties have agree that as far as drainage
system is concerned the existing drainage system to
Door No.317, Konnur High Road, shall be common to
Door No.316, Konnur High Road, Ayanavaram,
Chennai – 600 023 also.
4.In other aspects, the parties hereby agree that the
compromise decree dated 13.04.1989 passed in
C.S.No.920 of 1987 shall remain without any change.
5.The parties hereby agree to bear their
own costs.''
2.In the light of the above, the Second Appeal is disposed of in terms
of Joint Memorandum of Compromise and the compromise memo shall
form part of the decree. No costs. Consequently, connected miscellaneous
petition is closed.
25.11.2021
Internet: Yes/No
ms
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S.A.No.1195 of 2009
and M.P.No.1 of 2012
J.NISHA BANU, J.
ms
To
1.The VI Additional Judge,
City Civil Court,
Chennai.
2.The III Assistant Judge,
City Civil Court,
Chennai.
S.A.No.1195 of 2009
and
M.P.No.1 of 2012
25.11.2021
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