Madras High Court
Raju (Died) vs Vadivel on 4 January, 2023
S.A(MD)No.475 of 2005 &
C.R.P(MD) No.136 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.475 of 2005
and
C.R.P(MD) No.136 of 2012
and
M.P(MD) No.1 of 2012
S.A(MD)No.475 of 2005
1.Raju (died)
2.Arputham
3.Anandan
4.Muthulakshmi
5.Marudhupandian (died)
6.Kattabomman
(Appellants 2 to 6 are brought on record as Lrs of the deceased
sole appellant vide Court order dated 04.03.2022 made in
C.M.P(MD) Nos.9798 to 9800 of 2019)
7.Muniyammal
8.Minor.Vetha Viyash
9.Minor.Nachiyasri
(Minors represented through their mother and guardian 7th appellant)
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S.A(MD)No.475 of 2005 &
C.R.P(MD) No.136 of 2012
Appellants 7 to 9 are brought on record as Lrs of the
deceased 5th appellant vide Court order dated 21.12.2022
made in C.M.P(MD) Nos.12343, 12345 and 12346 of 2022)
-Vs-
1.Vadivel
2.Ravichandran ... Respondents
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
Procedure, to set aside the judgment and decree of the Principal District Judge,
Virudhunagar District, at Srivilliputhur, in A.S.No.59 of 2004 dated 19.01.2005
which reversed the decree and judgment of the Subordinate Judge, Aruppukottai
in O.S.No.265 of 2001 dated 05.12.2003 and to restore and confirm the decree
and judgment of the Sub Court, Aruppukkottai, in O.S.No.265 of 2001, dated
05.12.2003 with costs through out.
For Appellants : Mr.R.Devaraj
For Respondents : Mr.A.Sivaji
C.R.P(MD) No.136 of 2012
P.Vadivel ... Petitioner
-Vs-
1.Raju (died)
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S.A(MD)No.475 of 2005 &
C.R.P(MD) No.136 of 2012
2.Arputham
3.Anandan
4.Girija @ Muthulakshmi
5.Marudhupandian (died)
6.Kattabomman
(Respondents 2 to 6 are brought on record as Lrs of the
deceased sole respondent vide Court order dated 04.10.2019
made in C.M.P(MD) Nos.133 to 136 of 2012)
7.Muniyammal
8.Minor.Vetha Viyash
9.Minor.Nachiyasri
(Minors represented through their mother and guardian 7th appellant)
(Respondents 7 to 9 are brought on record as Lrs of the
deceased 5th respondent vide Court order dated 23.12.2022
made in C.M.P(MD) Nos.12153 to 12155 of 2022)
PRAYER: Petition is filed under Article 227 of Constitution of India, to allow the
civil revision petition by setting aside the fair and final order in I.A.No.291 of
2010 in O.S.No.87 of 2010, dated 30.03.2011, on the file of Sub Court,
Aruppukkottai.
For Petitioner : Mr.A.Sivaji
For Respondents : Mr.R.Devaraj
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S.A(MD)No.475 of 2005 &
C.R.P(MD) No.136 of 2012
COMMON JUDGMENT
Both parties appeared before this Court along with their respective
counsel and filed a memo dated 04.01.2023 along with a compromise agreement
dated 16.12.2022 and prayed this Court to dispose of the second appeal as well as
the civil revision petition in terms of the agreement dated 16.12.2022 annexed
with the memo dated 04.01.2023. The parties appeared before this Court and they
were identified by the respective counsel.
2. In view of the memo dated 04.01.2023 filed along with the
compromise agreement entered between the parties dated 16.12.2022, this Second
Appeal and the Civil Revision Petition are disposed of in terms of compromise
agreement dated 16.12.2022. The memo dated 04.01.2023 and the compromise
agreement dated 16.12.2022 shall form part of the decree. However, there shall
be no order as to costs. Consequently, connected miscellaneous petition is closed.
04.01.2023
NCC : Yes/ No
Index : Yes / No
Internet : Yes / No
cp
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S.A(MD)No.475 of 2005 &
C.R.P(MD) No.136 of 2012
To
1.The Principal District Judge,
Virudhunagar District,
at Srivilliputhur.
2.The Subordinate Judge,
Aruppukottai.
3.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A(MD)No.475 of 2005 &
C.R.P(MD) No.136 of 2012
S.SOUNTHAR, J.
CP
S.A(MD)No.475 of 2005
and
C.R.P(MD) No.136 of 2012
04.01.2023
https://www.mhc.tn.gov.in/judis
