Jayaraman vs Saraswathi Ammal
2023 Latest Caselaw 1928 Mad

                                                                                  S.A.No.529 of 2010
                                                                            and M.P.Nos.1 to 3 of 2010


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED :      06.03.2023

                                                     CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                               S.A.No.529 of 2010
                                                      and
                                              M.P.Nos.1 to 3 of 2010

                     Jayaraman                                         ... Appellant

                                                       Vs.
                     1.Saraswathi Ammal
                     2.Sakunthalammal
                     3.Subramanian
                     4.Koteeswaran
                     5.Rajeswari
                     6.Vijaya
                     7.Dhanusu
                     8.Ganesan                                         ... Respondents


                     Prayer : Second Appeal filed under Section 100 CPC, 1908 against the
                     decree and judgment dated 11.12.2009 passed in A.S. No.91 of 2006, on
                     the file of the Sub Court, Mathurantagam, upholding the decree and
                     judgment dated 29.09.2004 passed in I.A.No.1270 of 1998 in O.S. No.48
                     of 1997, on the file of the District Munsif Court, Mathurantagam.




                     Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                 S.A.No.529 of 2010
                                                                           and M.P.Nos.1 to 3 of 2010



                                            For Appellant     : Mr.B.M.Kiran Kishan
                                                                for Mr.M.V.Venkataseshan
                                            For R4            : Mr.P.Amarnath



                                                     JUDGMENT

Today when the matter is taken up for hearing, Mr.B.M.Kiran

Kishan, representing counsel for the appellant on record submitted that

he had already filed change of vakalat. However, there is no record to

show the same. He would contend that a compromise final decree was

passed in I.A.No.1270 of 1998 in O.S.No.49 of 1997 dated 29.09.2004

by the learned District Munsif, Mathurantagam and that as per the final

decree, respective parties have taken possession of the suit properties and

nothing survives for further adjudication in the second appeal. He also

furnished a copy of the final decree passed in I.A.No.1270 of 1998 in

O.S.No.49 of 1997.

https://www.mhc.tn.gov.in/judis S.A.No.529 of 2010 and M.P.Nos.1 to 3 of 2010

2. Recording the said submission, the Second Appeal is

dismissed as infructuous. No costs. Consequently, connected

Miscellaneous Petitions are closed.

06.03.2023

Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

https://www.mhc.tn.gov.in/judis S.A.No.529 of 2010 and M.P.Nos.1 to 3 of 2010

R. HEMALATHA, J.

mtl

To

1. The Sub Court, Mathurantagam.

2. The District Munsif Court, Mathurantagam.

3. The Section Officer, VR Section, High Court, Madras.

S.A.No.529 of 2010 and M.P.Nos.1 to 3 of 2010

06.03.2023

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