K.K.D.Pandian vs P.Dhayalan
2022 Latest Caselaw 7455 Mad

                                                           1       S.A.(MD)No.132 OF 2010

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 08.04.2022

                                                   CORAM

                       THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            S.A.(MD)No.132 of 2010

                     K.K.D.Pandian                    ... Appellant / Respondent /
                                                           Defendant

                                                     Vs.


                     P.Dhayalan                       ... Respondent / Appellant /
                                                            Plaintiff

                                  Prayer: Second appeal filed under Section 100 of
                     C.P.C., against the Judgment and Decree passed in A.S.No.132
                     of 2008 on the file of the learned Sub Judge, Theni, dated
                     31.08.2009, reversing the Judgment and Decree passed in
                     O.S.No.263 of 2007 on the file of the District Munsif, Theni,
                     dated 03.03.2008.


                                  For Appellant   : Mr.M.R.S.Prabhu,
                                                   for Mr.V.K.Vijayaragavan.


                                  For Respondent : Mr.G.Gomathi Sankar


                                                    ***




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                                                                  2       S.A.(MD)No.132 OF 2010

                                                      JUDGMENT

This second appeal arises out of a suit for injunction.

2. The respondent herein, namely, P.Dhayalan filed

the said suit for permanent injunction restraining the

defendant from using the suit property as a common pathway.

The suit was dismissed. Aggrieved by the same, the

respondent herein filed A.S.No.132 of 2008 before the Sub

Court, Theni. The first appellate Court reversed the judgment

and decree dated 03.03.2008 made in O.S.No.263 of 2007 on

the file of the District Munsif, Theni and decreed the suit as

prayed for. Aggrieved by the same, K.K.D.Pandian, the

defendant in the suit filed this second appeal.

3. During the pendency of the second appeal, the

parties have arrived at an amicable compromise. The terms of

compromise have also been reduced into writing and filed

before this Court. Mr.Dhayalan, plaintiff in the suit is present

in person before me. He has also been duly identified by his

counsel. He also confirmed the execution of the terms of

compromise. Mr.K.K.D.Pandian has also given power in favour https://www.mhc.tn.gov.in/judis

of his son on 26.10.2021. The learned counsel appearing for

the parties have also signed the terms of compromise.

4. Therefore, this second appeal is disposed of in

terms of the compromise memo dated 05.04.2022. It shall

form part of the decree. I am satisfied that the matter has

been amicably settled. No costs.

                                                                              08.04.2022

                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

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 Sub Judge, Theni.

2. The District Munsif, Theni.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

G.R.SWAMINATHAN,J.

PMU

S.A.(MD)No.132 of 2010

08.04.2022

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

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