Mohan Kumarasamy vs Velusamy
2022 Latest Caselaw 16771 Mad

                                                                               A.S.No.633 of 2016



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 20.10.2022

                                                     CORAM

                                  THE HONOURABLE MRS. JUSTICE R.HEMALATHA
                                               A.S.No.633 of 2016
                                                        and
                                             CROS. OBJ. No.48/2018
                                            & CMP No.18059 of 2016
                     A.S. No.633 of 2016
                     Mohan Kumarasamy                                            ...Appellant
                                                        Vs.

                     1. Velusamy
                     2. Subbathal (died)
                     3. Karunaiammal
                     4. Boodevi @ Poongodi
                     5. Selvaraj
                     6. Nagaraj
                     7. Lakshmi                                                ...
                     Respondents

                         RR7 brought on record as LRs of the deceased 2nd
                         respondent viz., (Subbathal) vide court order dated
                         11.10.2022 made in CMP No.4028/2020.

                     Cross Objection No.48 of 2018

                     Nagaraj                                         ...Cross Objector
                                                  Vs.

                     Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                    A.S.No.633 of 2016



                     1. Mohan Kumarasamy
                     2. Velusamy
                     3. Subbathal
                     4. Karunaiammal
                     5. Boodevi @ Poongodi
                     6. Selvaraj                                            ...Respondents

                     Prayer in A.S. No.633 of 2016 : First Appeal filed under Section 96
                     CPC against the decree and judgment dated 28.04.2016 made in O.S.
                     No.542/2006 on the file of the I Additional District and Sessions Court,
                     Coimbatore.

                     Prayer in Cross Objection No.48 of 2018 : Cross Objection filed under
                     Order 41 Rule 22 CPC praying to set aside the decree and judgment
                     dated 28.04.2016 made in O.S. No. 542 of 2006 on the file of the I
                     Additional District Judge, Coimbatore.


                                   For Appellant             :   Mr. T.S. Baskara
                                   For R5 & 7                          :   Mr.C. Ramaraj
                                   R1, R3 & R4               :   Mr. S. Vinoth Kumar
                                   For R6/Cross Objector :       Mr. Tranquebar Dorai Vasu


                                                       JUDGMENT

All the parties, except the 6th respondent namely, R. Nagaraj are

present today before this Court. Learned Counsels for the appellant as

well as the respondents are present before this Court.

https://www.mhc.tn.gov.in/judis A.S.No.633 of 2016

2. A compromise Memo dated 31.08.2022 duly singed by all

the parties and their counsels is filed. Both the parties accepted the terms

of Compromise. Hence the Joint Memo of Compromise is recorded.

3. Cross Objection in the present appeal suit was filed by the 6 th

respondent, Nagaraj. The learned counsel for the 6th respondent sought

permission of this Court to withdraw the Cross Objection and also made

an endorsement to that effect. Hence, the Cross Objection is dismissed as

withdrawn.

4. The Appeal Suit in A.S. No.633 of 2016 is disposed of as

per the terms of Joint Memo of Compromise recorded. The Joint Memo of

Compromise shall form part of the decree in A.S. No.633 of 2016. No

costs. Consequently, connected miscellaneous petition is closed.

20.10.2022 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

https://www.mhc.tn.gov.in/judis A.S.No.633 of 2016

R. HEMALATHA, J.

bga

To

1. The I Additional District and Sessions Judge, Coimbatore.

2. The Section Officer, VR Section, High Court, Madras.

A.S.No.633 of 2016 and CROS. OBJ. No.48/2018 & CMP No.18059 of 2016

20.10.2022

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