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K.Varadaraju (Died) vs J. Padmavathy
2023 Latest Caselaw 1847 Mad

Citation : 2023 Latest Caselaw 1847 Mad
Judgement Date : 3 March, 2023

Madras High Court
K.Varadaraju (Died) vs J. Padmavathy on 3 March, 2023
                                                      1

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED : 03.03.2023

                                                CORAM :

                                  THE HONOURABLE MS.JUSTICE P.T.ASHA

                                            S.A.No.180 of 2013
                                                  and
                                          C.M.P.No.11380 of 2016


                     1. K.Varadaraju (died)
                     2. V.Manjula
                     3. V.Naveen
                     4.V, Aravindhan                                 ...Appellants
                     [A2 to A4 brought on record as LRs of the
                     deceased A1 vide Court order dated 03.03.2023
                     made in C.M.P.No.4811 of 2023
                     in S.A.No.180 of 2013]

                                                     Vs.

                     1. J. Padmavathy
                     2. Kamakshi
                     3. Yohananda
                     4. Indrani
                     5. G.Thiruvalluvan (died)
                     6. B.Sathy (died)
                     7. Uma Maheswari
                     8. Sanjay Kumar
                     9. Akshay Kumar Thiruvalluvan
                     10.T.Divya Barathi
                     11.Sivakumar Sathi

https://www.mhc.tn.gov.in/judis
                                                      2

                     12.Gayathri Sendhil Kumar
                     13.Minor S.Chandrakanth
                        Rep by Mother and Next friend Venkatalakshmi

                         [R7 to R10 brought on record as LRs of the
                          deceased R5 and R11 to R13 brought on record
                          as LRs of the deceased R6, vide Court order
                          dated 11.01.2023 made in C.M.P.Nos.21674, 21680,
                          21676, 21675, 21682, 21683, 21688 and 21689 of 202
                          in S.A.No.180 of 2013)                        ...Respondents



                     Prayer:- This Second Appeal has been filed under Section 100 of
                     Civil Procedure Code against the Judgment and decree dated
                     09.10.2012 passed in A.S.No.46 of 201 on the file of the Principal
                     District Judge, Krishnagiri, confirming the judgment and decree
                     dated 29.07.2011 passed in O.S.No.26 of 2004 on the file of the
                     Subordinate Judge, Hosur.


                                  For Appellants     : Mr.K.Goviganesan
                                  For Respondent-1   : Served – No Appearance
                                  For Respondent-2    : Not ready in notice
                                  For Respondents-    : Mr.D.Shivakumaran
                                       3 and 4
                                  For Respondents    : Died
                                        5 and 6
                                  For Respondents
                                        7 to 13      : Ms.G.Satheesh – No appearance
                                  Respondent-13      : Minor rep by Mother and
                                                       Next friend Venkatalakshmi


https://www.mhc.tn.gov.in/judis
                                                           3




                                                   JUDGMENT

Today, a copy of the Sale Deed dated 02.03.2023 has been

produced by the learned counsel appearing for the appellants and it

is also informed that the said document has been registered as

Document No.4089 of 2023 on the file of the Sub Registrar, Hosur.

On the earlier occasion, two cheques for Rs.12,00,000/- (Rupees

twelve lakhs only) each had been paid, which is today substituted

with two Demand Drafts of a like amount. Therefore, the terms of

the Joint Memorandum of Compromise dated 30.06.2022 has been

performed by both the parties to the proceedings.

2. Accordingly, the second appeal is disposed of in terms

of the Joint Memorandum of Compromise dated 30.06.2023 and

further adding that the terms of compromise has been completely

fulfilled. The terms of the compromise shall form part of the record.

The Sub Registrar, Hosur is therefore directed to release the

document to the purchaser. The Demand Drafts, which are in the

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

custody of the Registrar General, High Court, Madras, are today

handed over to Mr.D.Shivakumaran, learned counsel for the

respondents 3 and 4. The copy of the Sale Deed is also taken on

file. No costs. Consequently, connected miscellaneous petition is

closed.

03.03.2023

Index :Yes/No Internet:Yes/No srn

To

1. The Additional District Judge, Tiruvannamalai

2. The Principal District Munsif, Tiruvannamalai

3. The Section Officer, V.R.Section, High Court, Madras

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

P.T.ASHA.J,

srn

S.A.No.180 of 2013 and C.M.P.No.11380 of 2016

03.03.2023

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

 
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