Mehurnisha Bee vs Abdul Kuthhas Rowther (Died)
2022 Latest Caselaw 13552 Mad

                                                                              S.A.No.1367 of 1999

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 29.07.2022

                                                     CORAM

                                  THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

                                           Second Appeal No.1367 of 1999


                      Mehurnisha Bee                                       ... Appellant

                                                      Versus

                      Abdul Kuthhas Rowther (Died)
                      2.Fathima
                      Farisa (Died)
                      4.Mehurnisha Bee
                      5.Samsuddin
                      6.Kathija
                      7.Abdul Wahab
                      8.Abdul Khader
                      9.Thossara Beeve
                      10.Settu
                      11.Abdul Majid
                      12.Jahriye
                      13.Mumtaz
                      14.Mansoor Ali
                      15.Ansar Ali
                      16.Mohammed Haneefa
                      17.Raghamathunisha
                      18.Aabita
                      19.Rabideen
                      20.Yasin Khani                                       ...Respondents

                      1/5




https://www.mhc.tn.gov.in/judis
                                                                                          S.A.No.1367 of 1999


                      Prayer:     The Second Appeal filed under Section 100 of the Code of
                      Civil Procedure, against the Judgment and Decree made in O.S.No.230 of
                      1990, dated 26.09.2008, on the file of the Additional District Judge cum
                      Fast Tract Court at Chennai confirming the Judgment and decree in
                      O.S.No.3645 of 1994 dated 30.07.2002, on the file of the XIV Assistant
                      City Civil Court at Chennai.

                                  For Appellant          : Ms.T.Jayalakshmi
                                                           For Mr.Paul and Paul
                                  For R1 to R3, R6 & R19 : Died
                                  For R4, R5, R7 to R16     :   Mr.T.Thiyagarajan

                                                           JUDGMENT

The learned counsel for the appellant had presented a Memo of

Understanding which had been entered into on 25.06.2022 among the 23

parties to the Second Appeal. They have entered into a compromise.

2. It is stated by the learned counsel for the appellant that Muthavalli

of the Jamath had also signed as a witness to the said Memo of

Understanding.

3. I really hope that the entire issue comes to an amicable quietus and

all the parties realise the sanctity of their signatures in the Memorandum of

https://www.mhc.tn.gov.in/judis S.A.No.1367 of 1999

Understanding and also their duty to uphold the dignity of their own

commitments to enter into a memorandum of understanding.

4. The learned counsel stated that the parties are residing elsewhere

and all of them are residing in different places therefore it is not possible

for them to come together before the Court.

5. I would therefore take the Memorandum of Understanding on

record. The memorandum of understanding now presented presented before

this Court shall form part of the decree in the Second Appeal. The Second

Appeal may be allowed in terms of Compromise Memorandum of

Understanding.

6. The learned counsel for the appellant had also made an following

endorsement in the Court bundle in to the effect.

“SA may be disposed/decreed recording Memorandum of Understanding dated 25/06/2022 signed by their partnership T.Jayalakshmi 29/07/2022 Counsel for appellant”

https://www.mhc.tn.gov.in/judis S.A.No.1367 of 1999

7. In view of the same, the Second Appeal is allowed in terms of

Memorandum of Compromise. No order as to costs.

29.07.2022

Index:Yes/No Speaking Order : Yes/No ssi

To

1.The Additional District Judge cum Fast Tract Court, Chennai.

2.The XIV Assistant City Civil Judge, Chennai.

3.The Section Officer, V.R.Section, High Court of Madras.

https://www.mhc.tn.gov.in/judis S.A.No.1367 of 1999

C.V.KARTHIKEYAN,J., ssi

S.A.No.1367 of 1999

29.07.2022

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