Madras High Court
S.P.Sethu vs Grace (Died) on 4 October, 2021
S.A.(MD)Nos.23 & 24 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)Nos.23 & 24 of 2014
and
M.P.(MD)No.1 of 2014
In S.A.(MD)No.23 of 2014
S.P.Sethu ... Appellant / Appellant / Plaintiff
-Vs-
1.Grace (Died)
2.Anjalin Saroja
3.D.E.Paulraj ... Respondents / Respondents / Defendants
4.E.D.Israel Oliver King
(R4 is suo motu impleaded as Lrs of the deceased 1st respondent
vide order dated 03.08.2021)
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree dated 26.07.2011 made in A.S.No.97
of 2009 on the file of the Sub Court, Melur Camp (1st Additional Sub Court,
Madurai) confirming the judgment and decree dated 14.12.2007 made in
O.S.No.369 of 2004 on the file of the District Munsif Court, Melur.
https://www.mhc.tn.gov.in/judis/
S.A.(MD)Nos.23 & 24 of 2014
For Appellant : Mr.R.Vijayakumar
For R2 to R4 : Mrs.P.Jessi Jeeva Priya
In S.A.(MD)No.24 of 2014
S.P.Sethu ... Appellant / Appellant / Defendant
-Vs-
1.Grace (Died)
2.Anjalin Saroja
3.D.E.Paulraj ... Respondents / Respondents / Plaintiffs
4.Thasildar,
Melur Taluk,
Madurai District.
5.The Commissioner,
Melur Municipality,
Madurai District.
6.E.T.Isrel Aliver King
(R6 is suo motu impleaded as Lrs of the deceased 1st respondent
vide order dated 03.08.2021)
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree dated 26.07.2011 made in A.S.No.99
of 2009 on the file of the Sub Court, Melur Camp (1st Additional Sub Court,
Madurai) confirming the judgment and decree dated 14.12.2007 made in
O.S.No.157 of 2002 on the file of the District Munsif Court, Melur.
https://www.mhc.tn.gov.in/judis/
S.A.(MD)Nos.23 & 24 of 2014
For Appellant : Mr.R.Vijayakumar
For R2, R3 & R6 : Mrs.P.Jessi Jeeva Priya
For R4 & R5 : Mr.R.Ragavendran
Government Advocate
COMMON JUDGMENT
Mrs.Grace, Anjalin Saroja and D.E.Paulraj filed O.S.No.157 of 2002
on the file of the District Munsif Court, Melur for the relief of declaration
that they are entitled to use the first item in 'A' schedule as common
pathway and also sought permanent injunction that they should not be
disturbed from using it. S.P.Sethu on the other hand filed O.S.No.369 of
2004 for the relief of declaration and permanent injunction. Both the suits
were tried together. By judgment and decree dated 14.12.2007, O.S.No.369
of 2004 was dismissed, while O.S.No.157 of 2002 was decreed.
Challenging the same, S.P.Sethu filed A.S.No.97 of 2009 and A.S.No.99 of
2009 before the first Additional Sub Court, Madurai. Both the appeals were
dismissed vide judgment and decree dated 26.07.2011. Challenging the
same, these two second appeals have been filed. S.A.(MD)No.23 of 2014
arises out of O.S.No.369 of 2004, while S.A.(MD)No.24 of 2014 arises out
of O.S.No.157 of 2002.
2. When the second appeals were listed for final disposal, I suggested
to the counsel on either side to explore the possibility of amicable
https://www.mhc.tn.gov.in/judis/
S.A.(MD)Nos.23 & 24 of 2014
settlement. I am happy to record that both the counsel were successful in
persuading their respective clients to arrive at an amicable settlement. I
must also place on record my appreciation of the co-operation extended by
the local surveyor namely Thiru.Manirathnam. On 20.09.2021, spot
inspection was held and the surveyor has also filed a sketch. The parties
have arrived at compromise. The appellant S.P.Sethu had agreed to set
apart a portion of the land purchased by him so that the respondents herein
can have exclusive access through the yellow colored portion facing
T.S.No.59 in the town survey sketch. The appellant S.P.Sethu is present in
person. All the three respondents herein are also present through video
conference. The parties on either side have expressed their willingness to
settle the issue in terms of the memo of compromise dated 04.10.2021. The
memo of compromise has been signed by the parties as well as their
respective counsel.
3.These second appeals are disposed of in terms of the memo of
compromise dated 04.10.2021. It shall form part of the decree. The sketch
drawn by the town surveyor will also form part of the decree. No costs.
Consequently, connected miscellaneous petition is closed.
04.10.2021
Internet : Yes/No
Index : Yes/No
rmi
https://www.mhc.tn.gov.in/judis/
S.A.(MD)Nos.23 & 24 of 2014
To
1.The Sub Court, Melur Camp (1st Additional Sub Court, Madurai).
2.The District Munsif Court, Melur.
Copy To
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
S.A.(MD)Nos.23 & 24 of 2014
G.R.SWAMINATHAN.J.,
rmi
Judgment made in
S.A.(MD)Nos.23 & 24 of 2014
and
M.P.(MD)No.1 of 2014
04.10.2021
https://www.mhc.tn.gov.in/judis/
