Madras High Court
Thangavel vs Nachimuthu Gounder (Died) on 9 March, 2022
1 S.A.(MD)No.594 OF 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.594 of 2012 and
S.A.(MD)No.54 of 2013
S.A.(MD)No.594 of 2012
Thangavel ... Appellant / Appellant /
1st Defendant
Vs.
1. Nachimuthu Gounder (Died)
(Memo in USR 2859 was recorded as R-1 died
vide Order dated 10.07.2019)
2. N.Sakthivel
(Memo was recorded as R-2 who was already on
record, was recorded as LR. of the deceased
R-1 vide order dated 20.08.019)
... Respondents / Respondents 2 & 3 /
Plaintiffs 2 & 3
3. P.Ammaiyappan ... Respondent / Respondent No.4 /
2nd Defendant
Prayer: Second appeal filed under Section 100 of
C.P.C., to call for the records relating to the judgment and
decree dated 24.02.2012 made in A.S.No.6 of 2011 on the file
of the Additional Subordinate Judge, Karur, confirming the
judgment and decree dated 26.08.2010 made in O.S.No.229 of
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2 S.A.(MD)No.594 OF 2012
2006 on the file of the Principal District Munsif, Karur and set
aside the same and allow this second appeal.
For Appellant : Mr.I.Velpradeep
For R-2 & R-3 : Mr.K.Govindarajan
***
S.A.(MD)No.54 of 2013
Thangavel ... Appellant / Appellant /
Plaintiff
Vs.
1. Nachimuthu Gounder (Died)
(Memo in USR 2859 was recorded as R-1 died
vide Order dated 10.07.2019)
2. N.Sakthivel
(Memo was recorded as R-2 who was already on
record, was recorded as LR. of the deceased
R-1 vide order dated 20.08.019)
3. The State of Tamil Nadu,
Rep. by the District Collector,
Karur District,
Karur.
4. The District Revenue Officer,
Karur District,
Karur.
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3 S.A.(MD)No.594 OF 2012
5. The Revenue Divisional Officer,
R.D.O.Office,
Karur.
6. The Tahsildar,
Aravakurichi Taluk,
Taluk Office,
Aravakurichi.
7. The Village Administrative Officer,
Nedungoor Village,
K.Paramathi Village,
Karur District.
8. Ammaiyappan
9. S.Soundararajan ... Respondents / Respondents /
Defendants
Prayer: Second appeal filed under Section 100 of
C.P.C., to call for the records relating to the judgment and
decree dated 24.02.2012 made in A.S.No.126 of 2010 on the
file of the Additional Subordinate Judge, Karur, confirming the
judgment and decree dated 26.08.2010 made in O.S.No.887 of
2005 on the file of the Principal District Munsif, Karur and set
aside the same and allow this second appeal.
(The year of O.S. number was amended vide Order dated
14.03.2016 made in M.P.(MD)No.1 of 2014)
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4 S.A.(MD)No.594 OF 2012
For Appellant : Shri.I.Velpradeep
For R-2 : Shri.K.Govindarajan
For R-3 to R-7 : Shri.N.Muthu Vijayan,
Special Government Pleader.
For R-8 & R-9 : No appearance.
***
COMMON JUDGMENT
S.A.(MD)No.594 of 2012 arises out of O.S.No.229 of
2006 on the file of the Principal District Munsif, Karur.
S.A.(MD)No.54 of 2013 arises out of O.S.No.887 of 2005 on
the file of the Principal District Munsif, Karur.
2. Thangavel, S/o.Nachimuthu Gounder is the
appellant in both the second appeals. The parties have arrived
at a compromise and the same has also been reduced into
writing. It is stated that even before the filing of the suit,
Soundararajan had sold the property to Ammaiyappan. It is
also stated that the Government of Tamil Nadu and other
official respondents are only formal parties.
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5 S.A.(MD)No.594 OF 2012
3. Since the parties are present before me and they
have confirmed that they have voluntarily signed the memo of
joint compromise and it is also signed by the respective
counsel, both the second appeals are disposed of in terms of
the joint compromise memo dated 16.02.2022. It shall form
part of the decree. No costs.
09.03.2022
Index : Yes / No
Internet : Yes/ No
PMU
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:
1. The Principal District Munsif,
Karur.
2. The Additional Subordinate Judge,
Karur.
3. The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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6 S.A.(MD)No.594 OF 2012
G.R.SWAMINATHAN,J.
PMU
S.A.(MD)No.594 of 2012 and
S.A.(MD)No.54 of 2013
09.03.2022
https://www.mhc.tn.gov.in/judis
