Madras High Court
Marudhavanan vs Selvanayakam on 9 September, 2021
SA NOS.412 OF 2012 & 651 OF 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2021
CORAM
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
SA NOS.412 OF 2012 AND 651 OF 2017
AND MP NO.1 OF 2013
SA NO.412 / 2012
Marudhavanan ... Appellant
VS.
Selvanayakam ... Respondent
PRAYER: Second Appeal filed under Section 100 of Code of Civil
Procedure against the judgment and decree of the Additional Sub Court,
Mayiladuthurai, dated 29.07.2011 in A.S.No.4 of 2010 reversing the
judgment and decree of the Principal District Munsif Court,
Mayiladuthurai, dated 04.11.2009 in O.S.No.383 of 2008.
For Appellant : Mr.S.Sounthar
For Respondent : Mr.A.Muthukumar
SA NO.651 / 2017
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SA NOS.412 OF 2012 & 651 OF 2017
Selvanayakam ... Appellant
VS.
1.Marudhavanan
2.Ulaganayagi
3.Sundari
4.Meenakshi ... Respondents
PRAYER: Second Appeal filed under Section 100 of Code of Civil
Procedure against the judgment and decree passed in A.S.No.118 of 2010
dated 18.11.2011 on the file of the Court of Additional Subordinate
Judge, Mayiladuthurai, in confirming the judgment and decree passed in
O.S.No.111 of 2009 dated 20.04.2010 on the file of the Court of
Principal District Munsif, Mayiladuthurai.
For Appellant : Mr.A.Muthukumar
For Respondent : Mr.S.Sounthar
COMMON JUDGMENT
Both the parties after negotiations have arrived at a mutually
agreeable settlement and filed a joint compromise memo dated
22.08.2021, duly signed, with the attestation of their respective counsels.
2.The terms of settlement as per the joint compromise memo
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SA NOS.412 OF 2012 & 651 OF 2017
filed by the appellant and the respondents, reads as under:
“Joint Compromise Memo filed by the Appellant and
Respondents in SA 412 of 2012 & SA 651 of 2017
At the advice of elders, family members and well
wishers of both sides, the parties have settled their
disputes amicably on the following terms:
1.The Appellant in SA 651 of 2017 & Sole
Respondent in SA 412 of 2012, namely Selvanayagam
and Respondents 2 to 4 in SA 651 of 2017 namely
Ulaganayagi, Sundari and Meenakshi hereby admit and
acknowledge the absolute title, ownership and exclusive
possession of the Appellant in SA 412 of 2012 and 1 st
respondent in SA 651 of 2017, namely Marudhavanan,
over the suit property in OS 111/2009, on the file of
Principal District Munsif Court, Mayiladuthurai, out of
which SA 651 of 2017 arises.
2.The said Selvanayagam, Ulaganayagi, Sundari
and Meenakshi agree that said Marudhavanan or any
person claiming under him can exclusively enjoy the suit
property in OS 111/2009 as absolute Owner without
any disturbance from said Selvanayagam, Ulaganayagi,
Sundari and Meenakshi or anybody claiming through
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SA NOS.412 OF 2012 & 651 OF 2017
them.
3.The Appellant in SA 412 of 2012 and 1 st
respondent in SA 651 of 2017 namely Marudhavanan
and the respondents 2 to 4 in SA 651 of 2017, namely
Ulaganayagi, Sundari and Meenakshi acknowledge and
admit the absolute title, ownership and exclusive
possession of the appellant in SA 651 of 2017 & Sole
Respondent in SA 412 of 2012, namely Selvanayagam
over the suit property in O.S.No.383 of 2008, on the file
of Principal District Munsif, Mayiladuthurai out of
which S.A.412 of 2012 arises.
4.The said Marudhavanan, Ulaganayagi, Sundari
and Meenakshi agree that said Selvanayagam and any
person claiming under him can exclusively enjoy the suit
property in OS 383 of 2008 as absolute Owner without
any disturbance from said Marudhavanan, Ulaganayagi,
Sundari and Meenakshi or anybody claiming through
them.
5.The parties shall produce this compromise memo
before High Court, Madras and request the court to pass
a compromise decree in both the above second appeals.
It is therefore prayed that This Hon'ble Court may
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SA NOS.412 OF 2012 & 651 OF 2017
be pleased to dispose the above Second Appeals on above
terms without costs and thus render justice.
Dated at Mayiladuthurai on this 22nd day of
August 2021.”
3. Both the Second Appeals are disposed of in terms of the
joint compromise memo dated 22.08.2021 and the joint compromise
memo of compromise shall form part of the judgment. No costs.
Consequently, connected miscellaneous petition is closed.
09.09.2021
Index : Yes/No
Internet : Yes/No
TK
To
1.The Additional Sub Judge
Additional Sub Court
Mayiladuthurai.
2.The Principal District Munsif
Principal District Munsif Court
Mayiladuthurai.
M.GOVINDARAJ, J.
http://www.judis.nic.in
SA NOS.412 OF 2012 & 651 OF 2017
TK
SA NOS.412 OF 2012 & 651 OF 2017
09.09.2021
http://www.judis.nic.in
