Alagar (Died) vs Nallathambi (Died)
2023 Latest Caselaw 7173 Mad

                                                                        S.A.(MD)No.339 of 2020

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 27.06.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.339 of 2020
                                                      and
                                            C.M.P.(MD)No.3999 of 2020
                     1.Alagar (Died)
                     2.Muthammal
                     3.Ambikabathi
                     4.Thiruvasagam                                       ... Appellants
                     (Appellants 2 to 4 are brought on record as LRs of the deceased sole
                     appellant vide order dated 21.04.2023 in CMP(MD)Nos.3826, 2828 &
                     3829 of 2023)

                                                      /Vs./
                     1.Nallathambi (Died)
                     2.Rajeswari
                     3.Chithra Mala
                     4.Aravind Babu
                     5.Rajkumar                                           ... Respondents
                     (Respondents 2 to 5 are brought on record as LRs of the deceased sole
                     respondent vide order dated 08.01.2018 in CMP(MD)Nos.8074 & 8075
                     of 2017.)


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.339 of 2020

                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the Judgment and Decree dated 06.03.2015 made in
                     A.S.No.36          of   2011   on   the   file   of   the   Subordinate     Judge,
                     Ramanathapuram, confirming the judgment and decree dated 16.08.2011
                     made in O.S.No.76 of 2008 on the file of the District Munsif cum
                     Magistrate, Thiruvadanai.


                                       For Appellants    : Mr.N.Satheesh Kumar
                                       For Respondents : Mr.A.Senthil Kumar (R1)
                                                           Mr.J.Jeyakumaran (R3 & R4)
                                                           No appearance (R6 to R8)




                                                         JUDGMENT

The parties have entered into a joint memorandum of compromise

dated 10.06.2023, which is placed on record before this Court. As per

the said joint memorandum of compromise dated 10.06.2023, they have

decided to settle the dispute among themselves. All the parties to the

joint memorandum of compromise dated 10.06.2023 are present before

this Court either physically or through video conferencing and their

identification has also been confirmed by the respective counsels

https://www.mhc.tn.gov.in/judis S.A.(MD)No.339 of 2020

appearing for the respective parties. The parties to the compromise have

signed the joint memorandum of compromise dated 10.06.2023 and their

respective counsels have also signed the same. As per the joint

memorandum of compromise dated 10.06.2023, they have paid a sum of

Rs.2,00,000/- to the respondents and on receipt of the same, the

respondents have relinquished their rights absolutely over the suit

schedule property in favour of the appellants.

2. In terms of the joint memorandum of compromise dated

10.06.2023 recorded by this Court, this second appeal is disposed of.

The joint memorandum of compromise dated 10.06.2023 shall form part

of this judgment. There shall be no order as to costs. Consequently,

connected Miscellaneous Petition is closed.

                                                                            27.06.2023
                     Index             : Yes / No
                     NCC               : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.339 of 2020

ABDUL QUDDHOSE, J.

Sm TO:

1.The Subordinate Judge, Ramanathapuram.

2.The District Munsif cum Magistrate, Thiruvadanai.

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

Judgment made in S.A.(MD)No.339 of 2020

Dated:

27.06.2023

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