B.Radha Lakshmi vs R.Gothai Kowsalya
2022 Latest Caselaw 7118 Mad

                                                                                A.S. (MD) No.278 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 05.04.2022

                                                          CORAM:

                             THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                A.S. (MD) No.278 of 2021
                                                          and
                                               C.M.P(MD).No.9425 of 2021


                     1.B.Radha Lakshmi
                     2.B.Sreenivas
                     3.B.Venkatesh                                                   ... Appellants

                                                          Vs.


                     R.Gothai Kowsalya                                               ... Respondent


                     PRAYER: Appeal Suit filed Under Section 96 r/w Order 41 Rule 1 of the
                     Civil Procedure Code, to set aside the judgment and decree made in O.S.No.
                     135 of 2017 dated 10.09.2020 on the file of the Principal District Court,
                     Tirunelveli, allow the appeal.


                                   For Appellants     :         Mr.S.Kumar

                                   For Respondent     :         Mr.S.Parthasarathi


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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                 A.S. (MD) No.278 of 2021

                                                      JUDGMENT

This Appeal has been preferred challenging the Judgment and

Decree made in O.S.No.135 of 2017 dated 10.09.2020 on the file of the

Principal District Court, Tirunelveli.

2. The joint compromise memo, dated 05.04.2022, filed by the

parties, counter-signed by their counsel, is taken on record. The

compromise memo has been explained to the parties and they were agreed

the terms of compromise.

3. Considering the circumstance that the matter is settled between

the parties, the Appeal Suit Appeal is partly allowed in terms of the memo of

compromise filed by the parties. Accordingly, the preliminary decree passed

by the learned Principal District Judge, Tirunelveli in O.S.No.135 of 2017

dated 10.09.2020 shall stands modified as mentioned in the Memo of

Compromise.

4. In respect of A-Schedule property, both the parties agreed to

workout their rights in the final decree proceedings pending in I.A.No.5 of

2021 on the file of the learned Principal District Judge, Tirunelveli.

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https://www.mhc.tn.gov.in/judis A.S. (MD) No.278 of 2021

5. The respondent agreed to pay 50% of the payment to the

appellants by way of demand draft in the name of the first appellant on or

before the 5th May, 2022.

6. The learned Principal District, Tirunelveli before passing final

decree shall verify the compliance of the compromise memo filed before

this Court. The parties also filed a compliance report before the lower Court.

7. The learned Principal District Judge, Tirunelveli to dispose of

the final decree proceedings pending in I.A.No.5 of 2021 within a period of

four months from the date of receipt of copy of this order. No Costs. The

memo of compromise, dated 05.04.2022 shall form part and parcel of the

decree. No costs. Consequently, connected Miscellaneous Petition is

closed.

05.04.2022

Index : Yes / No Speaking Order : Yes / No tta

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https://www.mhc.tn.gov.in/judis A.S. (MD) No.278 of 2021

To

1. Principal District Court, Tirunelveli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis A.S. (MD) No.278 of 2021

RMT.TEEKAA RAMAN,J

tta

A.S. (MD) No.278 of 2021

05.04.2022

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