Varadarajan (Died) vs (R2 Recorded As Lr Of Deceased 1St
2023 Latest Caselaw 9307 Mad

                                                                               S.A. No. 1078 of 2011

                                  IN T7HE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 31.07.2023

                                                       CORAM

                              THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                  S.A. No.1078 of 2011
                                                          and
                                       M.P.No.1 of 2011 & C.M.P.No. 16869 of 2023

                     Varadarajan (died)

                     2. Mallika
                     3. Saraswathi
                     4. Jayalakshmi
                     5. Raja
                     6. Senthil Raja

                     (Appellants 2 to 6 brought on record as LRs of
                     deceased 1st appellant viz., Varadarajan
                     vide court order dated 09.03.2023 in
                     C.M.P.No. 267 of 2021 in S.A.No.1078/2011)             ... Appellants

                                                     Versus
                     Lakshmiamal (deceased)

                     (R2 recorded as LR of deceased 1st
                     respondent vide order of court
                     dated 21.07.2015 made in M.P.
                     No.1 of 2015 in S.A.No.1078/2011)

                     2. Dhanam,
                        D/o. Kannappa Maistry                               ... Respondents


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https://www.mhc.tn.gov.in/judis
                                                                                        S.A. No. 1078 of 2011




                     Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

                     the judgment and decree of the learned Principal District Judge,

                     Chengalpattu dated 06.01.2011 in A.S.No.3 of 2010 confirming the

                     judgment and decree of the learned Addl. Sub-Judge of Maduranthagam

                     dated 01.092009 in O.S.No.126 of 2007.

                                        For Appellants           : Mr.V.Nicholas

                                        For Respondents          : Mr.S.Sriram for
                                                                   Mr.K.Govi Ganesan for R1
                                                                   Mr.N.Nithyanandam for R2

                                                          JUDGEMENT

Today, when the matter taken up for hearing, both the appellants 2 t 6

and the proposed legal heir/2nd respondent Dhanam, who is sister of

deceased appellant Varadarajan appeared and submitted that after the

demise of sole appellant Varadarajan, there was a compromise arrived

between them at the advise of elder members. Accordingly, the 2 nd

respondent has agreed to receive a sum of Rs.10,00,000/- as one time

settlement and she also agreed not to proceed with any civil proceedings

with regard to the parent property of sole appellant/deceased Varadarajan.

https://www.mhc.tn.gov.in/judis S.A. No. 1078 of 2011

To that effect, a Civil Miscellaneous Petition was filed to record the memo

of compromise between the appellants 2 to 6 and 2nd respondent and prayed

to pass a decree in terms of the said compromise in the above Second

Appeal.

2. Recording the Memo of compromise arrived between the

appellants 2 to 6 and 2nd respondent and on considering the submissions of

2nd respondent in open court that she has already received a sum of

Rs.3,00,000/- on 18.01.2023 from the appellants 2 to 6 and agreed to

receive the balance amount of Rs.7,00,000/- from them, which was paid in

cash today. Accordingly, this Second Appeal is disposed of in terms of

settlement. No costs. Memo of compromise entered between appellants 2 to

6 and 2nd respondent enclosed with the Civil Miscellaneous Petition in

C.M.P.No. 16869 of 2023 shall form part and parcel of this judgment.

Consequently, connected Miscellaneous Petition is closed.

31.07.2023 rpp

To Principal District Judge, Chengalpattu.

https://www.mhc.tn.gov.in/judis S.A. No. 1078 of 2011

T.V.THAMILSELVI, J.

rpp

S.A. No. 1078 of 2011

31.07.2023

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