T.P.Rajmohan vs N.Rajeswariammal
2023 Latest Caselaw 9146 Mad

                                                                              AS.No.106 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 27.07.2023

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    and
                                  THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                               A.S.No.106 of 2022


                     T.P.Rajmohan                             ... Appellant

                                                      vs.

                     1. N.Rajeswariammal

                     N.Padmanaban (Died)
                     (Since died on 07.06.2021)

                     2. R. Komalavalli

                     3. G.Santhakumari

                     4. N.Jothilakshmi

                     5. P.Devaki Padmanaban

                     6. P.Jawahar Babu

                     7. P.Santhiya

                     8. P.Pooja



                     1/5
https://www.mhc.tn.gov.in/judis
                                                                                    AS.No.106 of 2022

                     9. Anitha Preethi                                       ... Respondents

                     R2 Died, R9 is brought on record as LR's of
                     deceased 2nd respondent viz. N.Padmanaban,
                     vide order of Court dated 27.07.2023
                     made in CMP No.14606 o 2023 in
                     AS No.106 of 2022 [RSMJ and RKMJ]

                                  Appeal suit has been filed under Section 96 read with Order XLI
                     Rule 1 of the Civil Procedure Code, to set aside the judgment and decree
                     dated 20.03.2020 passed in OS.No.6542 of 2019 on the file of XVII
                     Additional City Civil Court, Chennai.


                                       For Appellant     : Mr.P.V. Sudakar
                                       For Respondents : Mr.P.Jonson



                                                       JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

The challenge in the appeal is to the dismissal of the suit in

O.S.No.6542 of 2019 (original filed in this Court as C.S.No.620 of

2011). The said suit was filed by the appellant seeking recovery of

possession and mesne profit. The suit was dismissed by the trial Court.

Pending appeal the parties have entered into a compromise. The joint

https://www.mhc.tn.gov.in/judis AS.No.106 of 2022

memorandum of compromise signed by all the parties and their respective

counsel has been placed before us.

2. As per the said memorandum, the appellant has paid a sum of

Rs.19,00,000/- (Rupees Ninteen Lakhs only) by way of 9 demand drafts,

which has been apportioned between the respondents as agreed to by

them. The details of the Demand Drafts have also been set out in the

joint memorandum of compromise. The copy of the Aadhar card of the

parties are also enclosed. It is also stated that the respondents have

delivered possession of the property to the appellants. All the parties are

present and they would affirm the terms of the compromise.

3. In view of the same, the Appeal is disposed of in terms of the

compromise, there will be a decree in terms of the joint memorandum of

compromise. The Joint Memorandum of Compromise shall form part of

the decree. There shall be no order as to costs.

(R.SUBRAMANIAN, J .) (R.KALAIMATHI, J.) jv 27.07.2023

https://www.mhc.tn.gov.in/judis AS.No.106 of 2022

Index : No Internet : Yes Neutral Citation : No Non speaking order

To

The XVII Additional City Civil Court, Chennai.

https://www.mhc.tn.gov.in/judis AS.No.106 of 2022

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

jv

A.S.No.106 of 2022

27.07.2023

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