A.Rajendran vs K.Manohari
2023 Latest Caselaw 9436 Mad

                                                                                   S.A(MD)No.834 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED: 01.08.2023

                                                           CORAM:

                                     THE HONOURABLE MR.JUSTICE P.VADAMALAI

                                                    S.A(MD)No.834 of 2022
                                                            and
                                                  C.M.P(MD)No.12962 of 2022
                    A.Rajendran                                            ... Appellant

                                                               Vs.

                    1.K.Manohari
                    2.P.Rajakumarai (Died)
                    3.Shenbagavalli @ Shenbagam
                    4.Ranjitham
                    5.A.Balasubramanian
                    6.Periyasamy
                    7.Esakkiammal
                    8.Petchimuthu                                          ...Respondents


                    (Respondents 6 to 8 are brought on record as LRs of
                    the deceased 2nd respondent vide Court order dated
                    21.02.2023 made in C.M.P(MD)Nos.1932 and 1933
                    of 2023 in S.A(MD)No.834 of 2022)

                    PRAYER :-
                                  This Second Appeal is filed under Section 100 of the Civil Procedure
                    Code, to set aside the judgment and decree dated 14.03.2022 made in A.S.No.
                    42 of 2016 on the file of the Additional District and Sessions Judge (FTC),


                    1/4

https://www.mhc.tn.gov.in/judis
                                                                               S.A(MD)No.834 of 2022

                    Tenkasi by confirming the judgment and decree dated 01.04.2016 made in
                    O.S.No.90 of 2007 on the file of the Additional Subordinate Court, Tenkasi
                    and allow the Second Appeal.


                                   For Appellant     : Mr.R.Devaraj
                                   For Respondents : Mr.K.P.Narayanakumar


                                                      JUDGMENT

The appellant filed this appeal to set aside the judgment and decree

dated 14.03.2022 made in A.S.No.42 of 2016 on the file of the Additional

District and Sessions Judge (FTC), Tenkasi by confirming the judgment and

decree dated 01.04.2016 made in O.S.No.90 of 2007 on the file of the

Additional Subordinate Court, Tenkasi.

2. When the matter is taken up for hearing today (01.08.2023), the

appellant as well as the respondents 1, 3 to 8 are present before this Court and

they are identified by their respective counsel. The identity proof of the

parties are also verified. The matter has already been settled before the

Mediation. Today (01.08.2023), both the counsel for the appellant and

respondents 1, 3 to 8 filed a Joint Compromise Memo, which was signed by

the appellant and respondents 1, 3 to 8. The contention of the Joint

https://www.mhc.tn.gov.in/judis S.A(MD)No.834 of 2022

Compromise Memo was read over and explained to both parties in the

presence of their counsel and both parties have agreed for the terms of the

compromise. The said compromise memo is recorded.

3. Hence, this Second Appeal is disposed of as per the terms of joint

compromise memo. The joint compromise memo shall form part of the

decree. No costs. Consequently, connected miscellaneous petition is closed.

01.08.2023

NCC : Yes / No Internet : Yes / No Index : Yes / No vsd

To

1.The Additional District and Sessions Judge (FTC), Tenkasi.

2.The Additional Subordinate Court, Tenkasi.

3.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A(MD)No.834 of 2022

P.VADAMALAI, J.

vsd

S.A(MD)No.834 of 2022 and C.M.P(MD)No.12962 of 2022

01.08.2023

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