Jegabar Nachiar vs Mohidheen Abdul Qadir
2023 Latest Caselaw 1913 Mad

                                                                                 CMA.No.2622 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 06.03.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                  C.M.A No.2622 of 2013
                                                          and
                                                    M.P No.1 of 2013


                    Jegabar Nachiar                                       ... Appellant

                                                           vs.

                    1.Mohidheen Abdul Qadir
                    2.Amma Sabu
                    3.Ahamed Jalaludheen
                    4.Mohammed Modheen
                    5.Nafeesa Ammal
                    6.Syed Yusuf                                     ... Respondents

                    Prayer:- The Civil Miscellaneous Appeal is preferred under Order XLIII
                    Rule 1 (U) of Civil Procedure Code, against the decree and judgment
                    passed in A.S No.70 of 2011 on the file of the learned Subordinate Judge,
                    Nagapattinam dated 28.09.2012 reversing the decreetal order and order
                    passed in I.A No.219 of 2008 in O.S No.61 of 2004 on the file of the
                    learned District Munsif, Nagapattinam dated 10.01.2011.
                                  For Appellant          : Mr.V.Raghupathi

                                  For Respondents        : Mr.S.M.Hameed Mohideen for R1
                                                           R2, R3 & R6 - Given up
                                                           R4 & R5 - Died

                   1/4
https://www.mhc.tn.gov.in/judis
                                                                                CMA.No.2622 of 2013


                                                      JUDGMENT

This appeal has been filed by the appellant/4th defendant challenging

the judgment and decree passed in A.S No.70 of 2011 by the learned

Subordinate Judge, Nagapattinam dated 28.09.2012 reversing the decreetal

order and order passed in I.A No.219 of 2008 in O.S No.61 of 2004 on the

file of the learned District Munsif, Nagapattinam dated 10.01.2011.

2. When the matter was taken up today, the learned counsel for the

appellant and the 1st respondent submitted that the matter has been settled

between the parties. Pursuant to the same, the appellant has filed a Memo

dated 30.11.2022 which reads as follows:

'It is submitted that a compromise has been arrived at between the Appellant and contesting First Respondent. Two Respondents Nos.4 and 5 namely Mohammed Mohideen and Nafeesa Ammal respectively died and their legal heirs are not necessary parties and they are given up in this Appeal.

namely Amma Sabu, Ahamed Jalaludeen and Syed Yusuf respectively are given up in this Appeal. The only contesting 1st respondent accepts that the appellant is

https://www.mhc.tn.gov.in/judis CMA.No.2622 of 2013

owner of the suit property which is the subject matter of this CMA. The contesting 1st respondent has also no objection for allowing the above CMA without costs against the 1st respondent alone. The 1st respondent has also filed a memo to that effect.

3. The 1st respondent/1st Plaintiff has also filed a Memo dated

dated 24.11.2022 stating that he has no objection to allow this appeal and

the same is extracted hereunder:

It is respectfully submitted that the first respondent above named prays that this Hon'ble Court may be pleased to allow the above CMA as far as I am concerned in the interest of justice".

4. Recording the aforesaid memos filed by both the parties, this Civil

Miscellaneous Appeal is allowed and the same shall form part of the

decree. No costs. Consequently, connected Miscellaneous Petition is

closed.

06.03.2023

Index:Yes/No Speaking/Non-speaking Order:Yes/No uma

https://www.mhc.tn.gov.in/judis CMA.No.2622 of 2013

A.A.NAKKIRAN,J.

uma

CMA No.2622 of 2013 and M.P No.1 of 2013

06.03.2023

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