Salammal vs Kuppusamy (Deceased)
2022 Latest Caselaw 14713 Mad

                                                                            S.A. No. 716 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED :    22.08.2022

                                                     CORAM

                              THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                S.A. No.716 of 2013

                     Salammal,
                     W/o. Chinnaraji                                    ... Appellant

                                                  Versus

                     Kuppusamy (deceased)

                     2. Kamalesan,
                        S/o. Late Nagendran

                     3. Palaniammal,
                        W/o. Late Parasuraman

                     4. Kalaiselvan,
                        S/o. Lae Parasuraman

                     5. Ranganathan,
                        S/o. Late Parasuraman

                     6. Lakshmi,
                        W/o. Kuppusami

                     7. Ganesan
                        S/o. Kuppusami



                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                    S.A. No. 716 of 2013



                     8. Murugan,
                        S/o. Kuppusami

                     9. Girija,
                        D/o. Kuppusami

                     10. Selvam,
                         S/o. Kuppusami

                     11. Kumarathi,
                         D/o. Kuppusamy

                     (R6 to R11 brought on records as Lrs
                     of deceased 1st respondent vide order
                     dated 30.10.2015 made in M.P. No.2
                     of 2015 in S.A.No.716 of 2013)                          ... Respondents



                     Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

                     the judgment and decree dated 19.10.2012 made in A.S.No.13 of 2012 and

                     Cross Appeal A.S.No.30 of 2012 on the file of Subordinate Judge, Harur

                     reversing the judgment and decree dated 02.03.2012 made in O.S.No.55 of

                     2008 on the file of the District Munsiff Cum Judicial Magistrate Court,

                     Pappireddipatty.

                                  For Appellant              : Mr.K.V.Ananthakrushnan

                                  For Respondents            : Mr.M.R.Jothimanian


                     2/4


https://www.mhc.tn.gov.in/judis
                                                                                       S.A. No. 716 of 2013

                                                         JUDGEMENT

Today, when the matter taken up for hearing, both the appellants and

the contesting respondents appeared in person along with their counsels and

submitted that a compromise was arrived between the parties. As per the

terms of compromise, the appellant/plaintiff agreed to receive a sum of

Rs.8,00,000/- (Rupees eight lakhs only) in toto with regard to her claim over

the suit property. She has received a sum of Rs.8 lakhs by way of demand

draft from the court today as per the terms of compromise in para 4 stating

that she relinquished all her rights in respect of the suit property in favour of

defendants 2 to 5. Accordingly, on recording the joint memo of compromise

and also the acceptance of demand draft by the appellant, this Second

Appeal is disposed. The Joint memo of compromise shall form part and

parcel of this judgment. Since the plaintiff has relinquished her right by

receiving a sum of Rs.8 lakhs per the terms of compromise, she has no right

to claim any relief in the suit. Hence, the suit is dismissed. No costs.

22.08.2022 rpp To Sub-Judge, Harur.

https://www.mhc.tn.gov.in/judis S.A. No. 716 of 2013

T.V.THAMILSELVI, J.

rpp

S.A. No. 716 of 2013

22.08.2022

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