Madras High Court
M.Angalaeshwari vs K.Jothimani on 30 June, 2023
S.A.(MD)No.98 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.98 of 2023
and
C.M.P.(MD)Nos.2406 & 2408 of 2023
Murugan (died)
1.M.Angalaeshwari
2.M.Pushpavanam
3.M.Pushpameenatchi
4.M.Pushparaj
5.M.Pushpaganapathy ... Appellants
/Vs./
1.K.Jothimani
2.Ramalingam ... Respondents
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code to set aside the Judgment and Decree dated 05.09.2022 made in
A.S.No.243 of 2019 on the file of the Sub Court at Manamadurai,
1/6
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S.A.(MD)No.98 of 2023
confirming the judgment and decree dated 15.07.2014 made in
O.S.No.147 of 2011 on the file of the Principal District Munsif Court,
Manamadurai.
For Appellants : Mr.V.Meenakshisundaram
For R1 : Mr.SP.Vijaynivas
JUDGMENT
Before the Tamil Nadu Mediation and Conciliation Centre attached
to this Court, the parties to this second appeal excepting for the second
respondent, who has remained exparte before the Courts below and the
service of notice on him was also dispensed with by this Court, have
reached a settlement.
2. The settlement agreement dated 28.06.2023 arrived at by the
parties before the Tamil Nadu Mediation and Conciliation Centre
attached to this Court is placed before this Court along with the
mediation report dated 28.06.2023 of the Tamil Nadu Mediation and
Conciliation Centre attached to this Court. The mediation report also
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S.A.(MD)No.98 of 2023
confirms that the parties have resolved the dispute amongst themselves
by entering into a settlement agreement dated 28.06.2023.
3. The settlement agreement dated 28.06.2023 has been signed by
the parties to this second appeal excepting for the second respondent,
who has been set exparte by the Courts below and this Court, by its order
had also dispensed with the service of notice on him. The respective
counsels appearing for the respective parties have also signed the
settlement agreement.
4. Only in the presence of all the parties to the settlement
agreement dated 28.06.2023, the Tamil Nadu Mediation and Conciliation
Centre attached to this Court had recorded the settlement. The said
settlement agreement dated 28.06.2023 along with the mediation report
of the Tamil Nadu Mediation and Conciliation Centre attached to this
Court dated 28.06.2023 is taken on record by this Court.
5. In terms of the settlement agreement dated 28.06.2023 as well
as the mediation report dated 28.06.2023 of the Tamil Nadu Mediation
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S.A.(MD)No.98 of 2023
and Conciliation Centre attached to this Court, this Second Appeal is
disposed of. The settlement agreement dated 28.06.2023 as well as the
mediation report dated 28.06.2023 of the Tamil Nadu Mediation and
Conciliation Centre attached to this Court shall form part of this
judgment. No costs. Consequently, connected Miscellaneous Petitions
are closed.
30.06.2023
Index : Yes / No
NCC : Yes / No
Sm
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S.A.(MD)No.98 of 2023
TO:
1.The Subordinate Court, Manamadurai.
2.The Principal District Munsif Court,
Manamadurai.
3.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A.(MD)No.98 of 2023
ABDUL QUDDHOSE, J.
sm
Judgment made in
S.A.(MD)No.98 of 2023
Dated:
30.06.2023
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