M.R.Balakrishnan vs Sakthivadivel
2022 Latest Caselaw 14231 Mad

                                                                                 SA.No.845 of 2018




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 10.08.2022

                                                     CORAM:

                                   THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                S.A No.845 of 2018

                     M.R.Balakrishnan
                                                                             ... Appellant
                                                        Vs.

                     1.Sakthivadivel
                     2.Zam Zam Electricals
                     3.K.V.Rajagopalan
                     4.Rajalakshmi
                     5.K.S.Seethalakshmi
                     6.Rajaram
                     7.Ponraj
                     8.K.Venkatakrishnan
                     9.Mahalakshmi
                     10.R.Gunavathi
                     11.R.B.Vikneshwara
                                                                              ...Respondents



                     PRAYER: This Second appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 20.06.2017 made in A.S
                     No. 3 of 2013 on the file of the Court of the Subordinate Judge, Udumalpet,
                     Confirming the Judgment and       Decree dated 11.08.2011 made in I.A


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                     SA.No.845 of 2018

                     No.1352 of 2009 in O.S No. 124 of 1987 on the file of the Court of the
                     District Munsif of Udumalpet.


                                    For Appellant     : Mr.T.Dhanasekaran
                                    For R1            : Mr.M.Guruprasad
                                  For R2, R5 to R10   : Left
                                    For R3            : Address cannot be located.


                                                       JUDGMENT

This second appeal has been filed against the Judgment and

Decree dated 20.06.2017 made in A.S No. 3 of 2013 on the file of the Court

of the Subordinate Judge, Udumalpet, Confirming the Judgment and

Decree dated 11.08.2011 made in I.A No.1352 of 2009 in O.S No. 124 of

1987 on the file of the Court of the District Munsif of Udumalpet.

2. As per the direction of this Court, compromise was arrived

between the parties and also Mr.Vingneshwara, impleaded as 11th

respondent vide order dated 10.08.2022 in CMP No.13159 of 2022 and he

also signed in the compromise memo.

3. Both the counsels appeared before this Court and filed the

compromise memo, in which, both the parties agreed to the terms in the

https://www.mhc.tn.gov.in/judis SA.No.845 of 2018

compromise memo and affixed their photographs with left thumb

impression. Accordingly, the compromise memo is recorded which is

forming part of the final decree. E.P. No.20 of 2013 in pending on the file of

the District Munsif Court, Udumalpet, between the parties with regard to

hand over the possession of the properties to the 1st respondent. Hence, the

parties are directed to hand over the possession through the execution

Court.

4. Accordingly, this second appeal is disposed of. The parties are

directed to pay necessary Court fee as per the manner known to law.

10.08.2022

pbl

Note: Issue order copy on 22.08.2022.

https://www.mhc.tn.gov.in/judis SA.No.845 of 2018

T.V.THAMILSELVI,J.

Pbl To

1. The Subordinate Judge, Udumalpet.

2. The District Munsif of Udumalpet.

SA.No.845 of 2018

10.08.2022

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