Madras High Court
Venkatasamy (Died) vs Nagaraj on 20 January, 2023
SA.No.743 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2023
CORAM:
THE HON'BLE MS.JUSTICE P.T.ASHA
S.A.No.743 of 2007
and
M.P.No.1 of 2007
1.Venkatasamy (Died)
2.Basavaraj
3.Siddha Gangamma
4.S.Narayanaraju
5.Gowramma
6.Lalitha
7.V.Usha ... Appellants
(1st appellant died, A3 to A7 bring on record
as LR's of the deceased A1 vide Court
order dated 05.01.2023 made in
CMP.No.246, 249 & 252/2023 in
S.A.No.743/2007)
Vs.
1.Nagaraj
2.Babu (Died)
Respondents 1 & 2 are the sons of
Hanumanthappa @ Hanumanthe Gowdu
Gandikanapalli Village & Post
Denkanikottai Tk, Dharmapuri Dist.
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SA.No.743 of 2007
3.Manjula
4.Renuka
5.Nagaveni
6.Jothi
Respondents 3 to 6 are daughters of
Hanumanthappa @ Hanumanthe
Gowdu Gandikanapalli Village &
Post Denkanikottai Tk,
Dharmapuri Dist.
7.Hanumanthappa @ Hanumanthe Gowdu (Died)
8.Ramareddy
9.Borappa
(R7 to R9 no relief is sought, hence given up)
10.Manju
11.Manoj
12.Minor Monisha
(minor rep.by mother Manju)
13.Jayamma
14.Puttamma
(R7 died, RR1 to 6 and R13 & R14
bring on record as LR's of R7 vide
Court Order dated 23.09.2022 made in
CMP.Nos.194 & 195/2020 in
S.A.No.743/2007).
(R2 died, RR10 to 12 bring on record as
LR's of R2 vide Court order dated
23.09.2022 made in CMP.Nos.188, 190
& 192/2020 in S.A.No.743/2007). ... Respondents
PRAYER : Second Appeal filed under Section 100 of C.P.C., to allow
the Second Appeal, set aside the judgment and decree passed in
O.S.No.102 of 2003 dated 30.08.2005 on the file of the District Munsif-
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SA.No.743 of 2007
cum-Judicial Magistrate, Denkanikottai, as confirmed in A.S.No.40 of
2005 dated 28.02.2006, on the file of the Sub-Judge, Hosur, Grant Costs,
throughout.
For Appellants : Mr.D.Rameshkumar
For Respondents : Ms.Hema Priya for
Ms.V.Srimathi for RR1, 3 to 6
R2 & R7 – Died
R8 & R9 (Given up)
Mr.R.Parthasarathy
for RR10, 11 & 13
R12-minor rep.by R10
R14- not ready in notice
JUDGMENT
The learned counsel for the appellants and the learned counsel
for the respondents would submit that the dispute between the parties
have been amicably settled and a memorandum of compromise, dated
18.01.2023 signed by the appellants and the respondents 1 to 6, 10 and
11 and also their respective counsel, has been filed. The third respondent
signed the memorandum of compromise in Kannada language. The
appellants and the respondents 1 to 6, 10 and 11 are present in person.
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SA.No.743 of 2007
2. It is informed that the respondents 8 and 9, viz., Ramareddy
and Borappa remained exparte before the trial Court and they were given
up. Therefore, they have not been added as parties in the memorandum of
compromise. Due to health condition, thirteenth respondent viz.,
Jayamma has not signed the memorandum of compromise. The said
memorandum of compromise is taken on file.
3. In view of the above, the Second Appeal is disposed of in
terms of the memorandum of compromise dated 18.01.2023, which shall
form part of the decree. No costs. Consequently, connected
Miscellaneous Petition is closed.
20.01.2023
Index : Yes/No
Internet : Yes/No
dna
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SA.No.743 of 2007
To
1.The Sub-Judge, Hosur
2.The District Munsif-cum-Judicial Magistrate,
Denkanikottai.
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SA.No.743 of 2007
P.T.ASHA, J.
dna
S.A.No.743 of 2007
and
M.P.No.1 of 2007
20.01.2023
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SA.No.743 of 2007
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SA.No.743 of 2007
The respondents 1, 6 & 13 of others are present and they have accepted
the terms of the compromise entered into and they also signed the
compromise. The third appellant viz., Siddha Gangamma is present in
person and signed the memorandum of compromise in Kannada
language. The said memorandum of compromise is taken on file.
The memo of compromise has been filed in Court. The
following parties and all others were present.
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SA.No.743 of 2007
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