Dr.Sivashanmugham vs Muthulingam (Died)
2023 Latest Caselaw 17587 Mad

Madras High Court

Dr.Sivashanmugham vs Muthulingam (Died) on 22 December, 2023

                                                                               S.A.No.401 of 2007

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 22.12.2023

                                                     CORAM

                                   THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                S.A.No.401 of 2007


                     Dr.Sivashanmugham                                      ... Appellant

                                                       vs.


                     1.Muthulingam (died)
                     2.Ananthampillai
                     3.Devadoss
                     4.Singaram
                     5.Ramalingam
                     6.Muthulakshmi
                     7.Uma Maheswari
                     8.Thangavelu
                     9.Velavan
                     10.Thamizharasi
                     11.Suganthi
                     12.Gunarubavathi                                        ...Respondents
                     (Respondents 6 to 12 are impleaded as LRs of
                     the deceased first respondent vide order dated 22.12.2023
                     in C.M.P.Nos.28761, 28764 and 28768 of 2023)



                     Prayer:- Second Appeal filed under Section 100 of the Civil Procedure
                     Code against the judgment and decree dated 04.11.2006 in A.S.No.116

                     Page 1 of 5
https://www.mhc.tn.gov.in/judis
                                                                                   S.A.No.401 of 2007

                     of 2005 passed by the learned Additional Sub Judge, Mayiladurai,
                     reversing the judgment and decree dated 29.06.2005 in O.S.No.171 of
                     1999 passed by the learned District Munsif Judge, Seerkali.


                                       For appellant          : Mr.K.K.Senthilvelan,
                                                                Senior Advocate
                                                                for M/s.B.S.G. Firm

                                       For R1                 : Died

                                       For R2 to R5           : Dismissed

                                       For R6 to R12          : Mr.B.Jawahar

                                                          *****

                                                       JUDGMENT

Due to the death of the first respondent, his legal heirs are

impleaded as respondents 6 to 12 today.

2. The learned Senior Counsel appearing for the appellant

would submit that the respondents 2 to 5 are not contesting parties and

the counsel on record has made an endorsement in the case bundle to that

effect.

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

3. In view of the above endorsement, this second appeal stands

dismissed as against respondents 2 to 5.

4. In respect of other parties, this Court has interacted with the

sole appellant through virtual mode, and the respondents 6 to 12 are

present in person before this Court. All of them agreed to pass an order,

in terms of the Joint Memo of Compromise dated 22.12.2023.

5. This Court has given its anxious consideration to either side

submissions and also perused the Joint Memo of Compromise dated

22.12.2023 which is annexed with the Settlement agreement and plan.

6. In view of the said Joint Memo of Compromise alongwith the

Settlement agreement and plan, this Court deems it appropriate to

dispose of this second appeal, in terms of the said Joint Memo of

Compromise and the Settlement agreement and Plan.

7. Hence, this second appeal is ordered, in terms of the Joint

Memo of Compromise, Settlement agreement and Plan. Further, the Joint

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

Memo of Compromise, Settlement agreement and Plan shall form part of

this order. There shall be no order as to costs.

22.12.2023.

Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd

To

1. The Additional Sub Judge, Mayiladurai.

2. The District Munsif Judge, Seerkali.

3.The Section Officer, V.R.Section, High Court, Madras.

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

C.KUMARAPPAN,J.

apd

22.12.2023

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