Unknown vs Palanisami
2022 Latest Caselaw 9086 Mad

                                                                       S.A.(MD)No.1259 of 2004


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated : 28.04.2022

                                                    CORAM

                                  THE HONOURABLE MRS. JUSTICE R. THARANI

                                             S.A.(MD)No.1259 of 2004
                 1.Ganesan (Died)
                 2.Vellaiyappa Gounder (Died)
                 3.Balashanmugam
                 4.Selvamari
                 5.Naveen
                 6.Kungumaraj
                   (Minor A6 declared as major vide order dated 28.04.2022 in
                   CMP(MD)No.4023 & 4024 of 2022)
                 7.Kannammal
                 8.V.Nagalakshmi
                 (A4 toA6 are brought on record as LRs of the
                 deceased first appellant)
                 (A7 and A8 are brought on record as LRs of the
                  deceased A2- vide court order, dated 10.08.2018
                  in CMP(MD)No.4254 to 4260/2018)                           .. Appellants
                                                      Vs.
                 1.Palanisami
                 2.Nachammal
                 3.Pappathi (Died)
                 4.Tirupathi Gounder
                 5.Arumugam

                1/4
https://www.mhc.tn.gov.in/judis
                                                                            S.A.(MD)No.1259 of 2004

                 6.Ganapathi
                 7.Veluchamy
                 8.V.Nataraj
                   (R7 and R8 are bring on record as LRs of deceased
                   R3 as per order, dated 10.08.2018 in CMP(MD)
                   No.4254 to 4260 of 2018)                                       .. Respondents


                 Prayer:This Second Appeal filed under Section 100 of Civil Procedure
                 Code, against the judgment and decree of the District Court at Karur, dated
                 27.02.2004, in A.S.No.104 of 2001, confirming the judgment and decree of
                 the Principal District Munsif, Karur, dated 27.09.2001 in O.S.No.381 of
                 1997.


                                  For Appellants              : Mr.Anandchandrasekar
                                                                M/s. Sarvabhauman Associates
                                  For R1, 2, 7 and 8          : Mr.S.Ramesh
                                           R3                 : Died
                                           R4 to R6           : Given up


                                                       JUDGMENT

This second appeal has been filed against the judgment and decree

of the District Court at Karur, dated 27.02.2004, in A.S.No.104 of 2001,

confirming the judgment and decree of the Principal District Munsif, Karur,

dated 27.09.2001 in O.S.No.381 of 1997.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.1259 of 2004

2. The sixth appellant is declared as major. The learned counsel for

the appellants is not pressing the case against the respondents 4 to 6. He has

also filed a memo to that effect and the Memo is recorded. The case against

the respondents 4 to 6 is dismissed as given up by the appellants.

3. The appellants 3 to 8 and the respondents 1, 2, 7 and 8 entered

into a compromise. A compromise memo filed. A total extend of 1.20 acres

is allotted to the appellants 3 to 8 and an extend of 44 ½ cents including the

Well and Oil Engine were kept as common. The appellants 3 to 8 and the

respondents 1, 2, 7 and 8 appeared in person. Terms of compromise

explained. Copy of the I.D proof annexed with the compromise memo. The

appellants 3 to 8 and the respondents 1, 2, 7 and 8 and their counsels have

signed the compromise memo.

4. This appeal is allowed as per the terms of the compromise. The

compromise memo is recorded and the memo of compromise shall form part

and parcel of the decree. No costs.

28.04.2022 Ls

https://www.mhc.tn.gov.in/judis S.A.(MD)No.1259 of 2004

R. THARANI, J.

Ls To

1.The District Court Karur,

2.The Principal District Munsif, Karur.

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

S.A.(MD)No.1259 of 2004

28.04.2022

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