Madras High Court
Devadoss vs Rajammal on 31 August, 2023
S.A.No.606 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.08.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
S.A.No.606 of 2020
Devadoss .. Appellant
Vs.
1.Rajammal
2.Jeevarekha .. Respondents
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil
Procedure, against the Judgement and Decree dated 25.11.2019 made in
A.S.No.22 of 2019, on the file of the Additional Subordinate Judge,
Namakkal and confirming the Judgment and decree dated 05.01.2019 made in
O.S.No.352 of 2017 on the file of Additional District Munsiff, Namakkal.
For Appellant : Mr.S.Senthil
For R2 : Mr.M.R.Radhakrishnan
For R1 : Died
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S.A.No.606 of 2020
JUDGMENT
The appeal has been filed to set aside the Judgement and Decree dated
25.11.2019 made in A.S.No.22 of 2019, on the file of the Additional
Subordinate Judge, Namakkal and confirming the Judgment and decree dated
05.01.2019 made in O.S.No.352 of 2017 on the file of Additional District
Munsiff, Namakkal.
2. Heard, Mr.S.Senthil, learned counsel for the appellant and Mr.
M.R.Radhakrishnan learned counsel for the second respondent and perused
the materials available in the record.
3. The learned counsel for the appellant submitted that the suit in
O.S.No.352 of 2017 on the file of Additional District Munsif, Namakkal. was
filed by the appellant /plaintiff seeking declaration to declare the gift deed
dated 09.03.1983 as null and void and for permanent injunction. The trial
Court dismissed the suit on 05.01.2019 against the same first appeal was
preferred in A.S.No.22 of 2019 on the file of Additional Subordinate Judge,
Namakkal. The first appellate Court dismissed the appeal and confirmed the
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S.A.No.606 of 2020
judgement of the trial Court on 25.11.2019. By challenging the same the
present Second Appeal has been filed. During the pendency of the Second
appeal the first respondent died and subsequently the parties have decided to
enter into the compromise.
4. The terms of compromise have been arrived at between the parties as
follows:
"1. The appellant and the 2nd respondent accept the gift
deed dated 09.03.1983 marked as Ex.A3.
2.The appellant agrees to allot the respondent half share in
the suit schedule properties as per the gift deed dated
09.03.1983 as shown in the rough plan attached along with this
compromise memo. In the rough plan and portions highlighted
in red colour are allotted to the 2nd respondent herein.
3. Each party is entitiled for 66.5 cents in S.No.139/13 which
consist of a total extent of 1 acre 33 cents. Further, each party
is entitled for 0.30 cents out of 0.60 cents comprised in
S.No.139/20.
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S.A.No.606 of 2020
4. The land in Northern half in S.No.139/13 is allotted to the
2nd respondent and Southern half in S.No.139/13 is allotted to
appellant.
5. The land in Western half in S.No.139/20 is allotted to the
2nd respondent and Eastern half in S.No.139/20 is allotted to
appellant.
6. Both the parties have equal share in the Well situated in
S.No.139/13 respectively.
7. The appellant and his legal heirs agree that they will not
claim any right in the property allotted to the respondent.
8. The respondent and their legal heirs agree that they will
not claim any right in the property allotted to the appellant.
9. The parties agree that the appellant and 2nd respondent
shall in co-ordination with each other shall take steps to mutate
the Revenue records in their names to respective properties
allotted to them."
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S.A.No.606 of 2020
5. When the matter is taken up for hearing, today, the learned counsel
for the appellant and the second respondent appeared in person before this
Court. As per terms of compromise, the claim between the parties are settled.
6. Since the matter is settled out of Court, the Second Appeal is
dismissed as settled out of Court. The Memorandum of Compromise dated
31.08.2023 shall farm part of the decree. No costs.
31.08.2023
rri
Index : Yes/No
Speaking Order: Yes/No
Neutral Citation: Yes/No
To
1.The Additional Subordinate Judge,
Namakkal.
2.The Additional District Munsif,
Namakkal.
3.The Section Officer,
VR section, High Court of Madras.
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S.A.No.606 of 2020
T.V.THAMILSELVI, J.
rri
S.A.No.606 of 2020
31.08.2023
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