M.Dharmaraj :Defendant/ vs M.Samydurai :Plaintiff/
2023 Latest Caselaw 6126 Mad

    2023/MHC/2608



                                                            1

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 13.06.2023

                                                         CORAM:

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                               A.S(MD)NO.244 OF 2015

                     M.Dharmaraj                                :Defendant/Appellant


                                                  .vs.


                     M.Samydurai                                :Plaintiff/Respondent

                     PRAYER:Appeal Suit filed under Order 41 r/w Section 96 of the
                     Civil Procedure Code         against the decree and judgment made in
                     O.S.N o.26 of 2012, dated 29.4.2015, on the file of the Additional
                     District Court, Pudukkottai.


                                       For Appellant        :Mr.P.Thiagarajan

                                       For Respondent           :Mr.N.Kamesh


                                                    JUDGMENT

*************

This Appeal Suit is filed by the appellant challenging the

preliminary decree passed by the trial Court.

2.Heard the learned counsel appearing on either side and

perused the materials available on record including the Joint

Compromise Memo filed by both the parties.

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

3.Before this Court, both the appellant as well as the

respondent, wh are brothers, have entered into a compromise and

filed a compromise memo, wherein, the properties which were not

the subject-matter of the suit was also included and hence, agreed

to be partitioned.

4.Both the appellant and respondent are present before this

Court and they have accepted the terms of the joint compromise

and the said Joint Compromise Memo is taken on record. As the

parties themselves have agreed to divide the properties as

stipulated in the Joint Compromise Memo and therefore, the Joint

Compromise Memo is recorded and the Appeal suit is disposed of in

terms of the Joint Compromise Memo. The said Joint Compromise

Memo shall form part and parcel of the record. No costs.

5.Registry is directed to draft the final decree, subject to the

payment of deficit Court fees, if any, by both sides and the parties

are also directed to deposit the non-judicial stamp papers into the

Court within fourteen days from today for engrossing the final

decree.

13.06.2023

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

Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To

1.The Additional District Judge, Additional District Court, Pudukkottai.

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

N.SATHISH KUMAR, J.

vsn

JUDGMENT MADE IN A.S(MD)NO.244 OF 2015

13.06.2023

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