Madras High Court
K.Ganesan vs K.Murugesan on 19 June, 2023
S.A.(MD).No.147 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2023
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
S.A.(MD).No.147 of 2021
and
C.M.P.(MD).No.2179 of 2021
1.K.Ganesan
2.E.Kali (Died)
3.M.Dhamodaran (Died)
4.S.Dhanapalan
5.P.Jayam
6.M.Sankaran (Died)
S.Esakkimuthu (Died)
7.E.Surendran
8.E.Murugesan
9.Esakkiammal ... Appellants/Appellants 1, 4, 5, 6 & 8 to 10/
Defendants 1, 4 to 6 & LRs of 7th Defendant
Vs.
K.Ganesan (Died)
1.K.Murugesan
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S.A.(MD).No.147 of 2021
2.K.Sundaram
3.K.Santhanamaharaja
4.Sathyabama ...Respondents/Respondents 2 to 5/
Plaintiffs 2 to 4
Prayer: Second Appeal is filed under Section 100 of CPC to set aside the
judgment and decree dated 29.07.2019 passed in A.S.No.51 of 2015 on the file
of the learned Sub Court, Tuticorin confirming the judgment and decree dated
17.11.2014 passed in O.S.No.464 of 1994 on the file of learned Principal
District Munsif Court, Tuticorin.
For Appellants : Mr.A.Mohamed Haneef
for Mr.M.P.Senthil
For R-1 and R-2 : Mr.M.Mohamed Ibram Saibu
JUDGMENT
A joint memorandum of compromise dated 19.06.2023 has been filed by
which the parties have agreed to settle the dispute amongst themselves. The
appellants and the respondents are present before this Court. All of them have
unianimously submitted that they are agreeable to the joint memorandum of
compromise dated 19.06.2023.
2. The said joint memorandum of compromise has been signed by the
appellants 1, 5, 8 and 9, who are all villagers having common interest over the
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S.A.(MD).No.147 of 2021
suit schedule property. A resolution has also been passed on 10.06.2023 by the
villagers for entering into the joint memorandum of compromise and the
villagers have also signed in the said resolution.
3. The respondents are the plaintiffs in the suit O.S.No.464 of 1994 on
the file of the Principal District Munsif Court, Tuticorin. They have succeeded
before the Trial Court and the Lower Appellate Court, namely, the Sub Court,
Tuticorin by its judgment and decree dated 29.07.2019 has also confirmed the
findings of the Trial Court in A.S.No.51 of 2015 by dismissing the first appeal
filed by the defendants in the suit.
4. Now in the Second Appeal stage, the parties to the dispute have
resolved their dispute amongst themselves by entering into the aforesaid joint
memorandum of compromise. The said joint memorandum of compromise has
also been counter-signed by the respective counsels. The joint memorandum of
compromise dated 19.06.2023 filed by the parties to the dispute is taken on
record. The joint memorandum of compromise dated 19.06.2023 along with
the resolution and the sketch annexed therewith shall form part of this
judgment.
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S.A.(MD).No.147 of 2021
5. In view of the joint memorandum of compromise, the judgments and
decrees of the Courts below, which were the subject matter of challenge in this
Second Appeal, are set aside and this Second Appeal is disposed of in terms of
the joint memorandum of compromise. There shall be no order as to costs.
Consequently, connected miscellaneous petition stands closed.
19.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The Sub Court,
Tuticorin.
2.The Principal District Munsif Court,
Tuticorin.
3.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A.(MD).No.147 of 2021
ABDUL QUDDHOSE, J.
Lm
S.A.(MD).No.147 of 2021
19.06.2023
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