L.Manoharan vs N.Umavathi
2022 Latest Caselaw 15096 Mad

Citation : 2022 Latest Caselaw 15096 Mad
Judgement Date : 9 September, 2022

Madras High Court

L.Manoharan vs N.Umavathi on 9 September, 2022

                                                                                   S.A.No.275 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           Dated         : 09.09.2022

                                                        CORAM:

                      THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

                                                   S.A.No.275 of 2021

           1.L.Manoharan
             J.Narayanasamy (died)
           2.A.Suseela
           3.T.Senthil Kumar
           4.S.Parameshwaran
           5.Ramu
           6.N.Anbazhagan
           7.N.Mala
           8.N.Geetha
           9.N.Kasinathan
           10.R.Selvi                                                   ... Appellants

                                                        Versus
           1.N.Umavathi
           2.B.Rajarathinam                                             ... Respondents

           Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to
           allow the above Second Appeal by setting aside the Judgment and Decree dated
           31.01.2020 passed in A.S.No.9 of 2017 on the file of the Sub Court, Vaniyambadi,
           Vellore District, reversing the Judgment and Decree dated 21.11.2016 passed in
           O.S.No.135 of 2012 on the file of the Principal District Munsiff Court, Ambur,
           Vellore District.


                                  For Appellants   :     Mr.K.Govi Ganesan
                                  For R1           :     Mr.R.Sunil Kumar
                                                         for Mr.R.Kothandapani
https://www.mhc.tn.gov.in/judis


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                                                                                      S.A.No.275 of 2021


                                                     JUDGMENT

When the matter is taken up for hearing, both the learned counsel appearing

for the appellants as well as the 1st respondent would submit that the dispute

between the parties had already been settled and they filed a Settlement Agreement

signed by both the representative of the appellants as well as by the respondents

and also by their respective learned counsel appearing for the appellants as well as

for the respondents. The said Settlement Agreement is extracted hereunder:

"1. Disputes and differences had arisen between the parties hereto and S.A.No.275 of 2021 was filed on 23.02.2021 before the Hon'ble High Court of Judicature at Madras against the Judgment and Decree dated 13.01.2020 passed in A.S.No.9 of 2017 on the file of the Sub Court, Vaniyambadi reversing the Judgment and Decree dated 21.11.2016 passed in O.S.No.135 of 2012 on the file of the Principal District Munsiff Court, Ambur.

2. The matter was referred to mediation/conciliation vide an order dated 26.03.2021 passed by the Hon'ble High Court, Madras.

3. The parties agreed that Mr.R.Thanjan would act as their mediator/conciliator.

4. Meetings were held during the process of mediation/conciliation on 17.02.2022 and 25.02.2022 and the parties have with the assistance of the mediator/conciliator voluntarily arrived at an amicable https://www.mhc.tn.gov.in/judis

S.A.No.275 of 2021

solution resolving the above mentioned disputes and differences.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this settlement agreement in the presence of the mediator/conciliator.

6. The following settlement has been arrived between the parties hereto:

A. The suit schedule property in O.S.No.135 of 2012 on the file of the Principal District Munsif Court, Ambur measuring 15 cents out of 36 cents in S.F.No.165/2 situate at Madhanur Village, Ambur Taluk, Thirupathur District bounded on the West - Late.Manohar Gounder Lands and Govindasamy Lands East - S.F.No.165/4 South - Govindasamy Lands North - Govindasamy and Lakshiammal Lands shall absolutely belong to the defendants 1 to 12 in the above said suit and the plaintiff Umavathi relinquishes her right and claim in the said property and the defendants 1 to 12 in the above said suit shall hereafter enjoy the above said property.

B. The above settlement has been arrived between both the parties out of their own volition and the defendants 1 to 12/Appellants 1 to 10 and the 2nd respondent in the above said S.A. have paid a sum of Rs.7,00,000/- (Seven Lakhs https://www.mhc.tn.gov.in/judis

S.A.No.275 of 2021

Only) to the Plaintiff/1st respondent Umavathi in lieu of the said Compromise towards full and final settlement.

C. The above said Second Appeal No.275 of 2021 may be allowed and the Judgment and Decree dated 13.01.2020 passed in A.S.No.9 of 2017 on the file of the Sub Court, Vaniyambadi, may be dismissed and the Trial Court Judgment and Decree dated 21.11.2016 passed in O.S.No.135 of 2012 on the file of the Principal District Munsif Court, Ambur may be restored.

7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to S.A.No.275 of 2021 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of mediation/conciliation."

2. In view of the settlement arrived at between the parties, no further

adjudication needs to be arrived in this appeal in respect of the grounds raised

therein.

3. Accordingly, this Second Appeal stands allowed on the terms of the

Settlement Agreement. Both parties shall bear their own costs. The Settlement

Agreement shall form part of the decree. Consequently, connected Miscellaneous

Petition is closed.

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

S.A.No.275 of 2021

09.09.2022

gbi

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