Madras High Court
Natarajan vs Nayagan on 29 April, 2022
S.A.(MD).No.430 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
S.A.(MD).No.430 of 2021
and
C.M.P.(MD).No.5656 of 2021
Natarajan : Appellant / Appellant / Defendant
Vs.
1.Nayagan
2.Balasubramanian
3.Gurusamy Pillai
4.Murugan
5.Subbulakshmi
6.Gurusamy
7.Bathirakali : Respondents / Respondents / Plaintiffs
(Respondents / Plaintiffs are represented by their Power of Agent,
Thirumani Pandian, S/o. Thangaraj Nadar, Solapuram Village,
Ettaiyapuram Taluk, Thoothukudi District)
PRAYER: Appeal filed under Section 100 of C.P.C. praying to set aside
the judgment and decree dated 06.01.2020 passed in A.S.No.30 of 2015,
on the file of the Subordinate Court, Kovilpatti, confirming the judgment
1/5
https://www.mhc.tn.gov.in/judis
S.A.(MD).No.430 of 2021
and decree dated 24.04.2015 passed in O.S.No.64 of 2013, on the file of
the District Munsif Court, Kovilpatti.
For Appellant : Mr.G.Prabhu Rajadurai
For Respondents : Mr.T.Selvam
JUDGMENT
***********
This Second Appeal has been filed to set aside the judgment
and decree, dated 06.01.2020, passed in A.S.No.30 of 2015, on the file of
the Subordinate Court, Kovilpatti, confirming the judgment and decree,
dated 24.04.2015, passed in O.S.No.64 of 2013, on the file of the District
Munsif Court, Kovilpatti.
2. On 26.04.2022, the learned counsel appearing for the
appellant submitted that already the matter got compromised. Today, the
appellants and the Power Agent of the respondents as well as their
respective counsels have filed a Joint Compromise Memo dated
09.04.2022 and they have signed in the Joint Compromise Memo. A
copy of the same has been placed before this Court, which reads as
follows:-
“1. The appellant and the
respondents have compromised the above
dispute which is the subject matter of the
above Second Appeal in the following terms:
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S.A.(MD).No.430 of 2021
(i). The respondents 1 to 7 hereby
confirm the right, title and possession of the
appellant over the suit schedule property
being a vacant land measuring 50 cents and
bearing S.No.56/10, Manithoppu Village,
Kovilpatti Panchayat Union, Tuticorin
District.
(ii). The appellant hereby pays a
sum of Rs.3,00,000/- (Rupees Three Lakhs
only) to the respondents in confirmation of
the respondents accepting the title of the
appellant over the suit schedule property,
(iii). In view of the above, the suit
in O.S.No.64 of 2013, on the file of the
District Munsif Court, Kovilpatti filed by the
respondents be dismissed.
(iv).Parties to bear their respective
costs.”
3. The said 'Joint Compromise Memo', filed by both the parties
is taken on file and recorded. The 'Joint Compromise Memo', dated
09.04.2022 shall form part and parcel of the Judgment and the Decree.
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S.A.(MD).No.430 of 2021
4. Accordingly, this Second Appeal is disposed of in terms of
the “Joint Compromise Memo”, dated, 09.04.2022 filed by both sides.
No costs. Consequently, the connected miscellaneous petition is closed.
29.04.2022
Index : Yes/No
Internet : Yes/No
tsg
To
1. The Subordinate Court, Kovilpatti.
2. The District Munsif Court, Kovilpatti.
3. The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
S.A.(MD).No.430 of 2021
KRISHNAN RAMASAMY, J
tsg
Judgment made in
S.A.(MD).No.430 of 2021
Dated:29.04.2022
https://www.mhc.tn.gov.in/judis
