S.Gandhimathi ... Defendant / ... vs Solaiappan (Died) ... Plaintiff / ...
2022 Latest Caselaw 8825 Mad

                                                                             S.A.(MD)No.430 of 2013

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 26.04.2022

                                                      CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            S.A.(MD)No.430 of 2013

                   S.Gandhimathi                       ... Defendant / Respondent / Appellant

                                                      -Vs-


                   1.Solaiappan (died)                  ... Plaintiff / Appellant / Respondent

                   2.Arukani Ammal                      ... Plaintiff / Appellant / Respondent

                   3.P.S.Muthukannu

                   4.S.Mallika

                   5.P.S.Ramesh Kumar                   ... Respondents
                     (Respondents 3 to 5 are brought on record as Lrs of the deceased
                      R1 vide order dated 21.04.2022 made in C.M.P.(MD)No.3099 of 2022)

                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                   Code, to set aside the decree and judgment in A.S.No.111 of 2011 dated
                   31.10.2012 on the file of the Subordinate Judge, Karur reversing the decree
                   and judgment in O.S.No.586 of 2008, dated 22.07.2011 on the file of the
                   Additional District Munsif, Karur by allowing the instant second appeal.


                                      For Appellant          : Mr.Raghuvaran Gopalan
                                                              for Mr.K.Prabhakar
                                      For R2 & R5            : Mr.V.Balaji
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                                                                          S.A.(MD)No.430 of 2013



                                                    JUDGMENT

The defendant in O.S.No.586 of 2008 on the file of the Additional

District Munsif Court, Karur is the appellant in this second appeal.

2. The original respondents herein filed the said suit seeking

permanent injunction against the appellant and the same was dismissed by

the trial court vide judgment and decree dated 22.07.2011. Aggrieved by

the same, the plaintiffs filed A.S.No.111 of 2011 before the Principal Sub

Court, Karur. The decision of the trial court was reversed and the suit was

decreed. Challenging the same, this second appeal came to be filed.

During the pendency of the second appeal, Solaiappan / first plaintiff

passed away. His wife Arukani Ammal is already on record as second

respondent. The children were brought on record as R3 to R5.

3. During the pendency of this proceedings, the matter has been

amicably resolved. The respondents have compromised the issue between

themselves and have agreed to abide by the judgment and decree passed by

the trial court. To this effect, a memorandum of compromise has also been

entered into and the same has already been filed before this Court. In the

said memorandum of compromise dated 25.4.2022, the parties as well as

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

S.A.(MD)No.430 of 2013

the respective counsel have put their signatures. The appellant

Gandhimathi as well as the respondents are present before me. All of them

confirmed that they had voluntarily executed a joint compromise memo.

The second appeal is disposed of in terms of the joint compromise memo.

It shall form part of this decree. No cost.

26.04.2022

Internet : Yes/No Index : Yes/No rmi

NOTE: Issue Order Copy on 28.04.2022

To

1.The Subordinate Judge, Karur.

2.The Additional District Munsif, Karur.

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

S.A.(MD)No.430 of 2013

G.R.SWAMINATHAN.J.,

rmi

Judgment made in S.A.(MD)No.430 of 2013

26.04.2022

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