Madras High Court
D.Diwakar (Died) .... 1St vs S.Maragathavalli Ammal on 8 March, 2023
S.A.Nos.187 of 2020 & 189 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2023
CORAM : JUSTICE N.SESHASAYEE
S.A.Nos.187 of 2020 & 189 of 2020
and CMP.Nos.3826 & 3827 of 2020
S.A.No.187 of 2020 :
D.Diwakar (Died) .... 1st Appellant / 1st Respondent
/1st Defendant
2..D.Lakshmi
3.D.Vishnu Priya ... Appellants 2 &3
(Appellants 2 & 3 are brought on record as LRs of the
deceased sole appellant viz., D.Diwakar videorder of
Court dated 15.06.2022 made in CMP.No.10580 &
10561/2021 in S.A.Nos.187 & 189/2020
Vs.
1.S.Maragathavalli Ammal
2.Roopa Marbil ... Respondents / Appellant, 2nd
Respondent / Plaintiff, 2nd defendant
(R2 given up)
S.A.No.189 of 2020 :
D.Diwakar (Died) .... 1st Appellant / 1st Respondent
/1st Defendant
2.D.Lakshmi
3.D.Vishnu Priya ... Appellants 2 &3
(Appellants 2 & 3 are brought on record as LRs of the
deceased sole appellant viz., D.Diwakar videorder of
Court dated 15.06.2022 made in CMP.No.10580 &
https://www.mhc.tn.gov.in/judis
1/5
S.A.Nos.187 of 2020 & 189 of 2020
10561/2021 in S.A.Nos.187 & 189/2020
Vs.
K.K.Sabapathi Mudaliar (deceased)
Muthulakshmi Ammal (deceased)
1.S.Maragathavalli Ammal
2.Roopa Marbil .... Respondents / 2nd Appellant,
2nd Respondent / 2nd plaintiff,
2nd defendant
(R2 given up)
Common Prayer : Second Appeal filed under Section 100 of Code of Civil
Procedure praying to set aside the decree and the judgment dated
20.12.2019 rendered in A.S.No.118 of 2018 and A.S.No.140 of 2018 on
the file of the VII Additional City Civil Court at Chennai reversing the
decree and judgment dated 24.11.2017 rendered in O.S.No.7294 of 1996
and O.S.No.6702 of 1996 on the file of the VIII Assistant Judge, City Civil
Court at Chennai, by allowing the second appeal and to grant such other
relief of reliefs as this Court may deem fit and proper in the circumstances
of the case.
For Appellants : Mr.T.S.Baskaran
(in both S.As) for Mr.N.Premkumar
For Respondents : Dr.C.Ravichandran for R1
(in both S.As) R2 - Given up
https://www.mhc.tn.gov.in/judis
2/5
S.A.Nos.187 of 2020 & 189 of 2020
ORDER
The legal heirs of the first defendant in O.S.No.7294 of 1996 and
O.S.No.6702 of 1996 on the file of the VIII Assistant Judge, City Civil
Court at Chennai, have preferred these appeals.
2. The suits were dismissed by the trial Court whereas they were reversed
by the first Appellate Court in A.S.No.118 of 2018 (preferred against
O.S.No.7294/1996) and A.S.No.140/2018 (preferred against
O.S.No.6702/1996).
3. Be that as it may, the parties have entered into a compromise dated
10.08.2022, based on which, the first defendant / appellant had undertaken
to hand over the suit property in O.S.No.7294 of 1996 to the plaintiff. In
terms thereof, both the parties have entered into a memo of compromise.
4.1 The memo of compromise signed by the parties is made available, and
the parties also appeared before the Court along with their respective
counsel. Today, this Court is informed hat the legal representatives of the
appellant in both the second appeals (1st defendant in O.S.No.7294/1996 &
https://www.mhc.tn.gov.in/judis
S.A.Nos.187 of 2020 & 189 of 2020
3rd defendant in O.S.No.6702/1996 ) , have complied with the terms of the
compromise. To state it differently, they have delivered the suit property to
the plaintiff in O.S.No.7294/1996.
4.2. So far as the subject matter of O.S.No.6702/1996 is concerned, the
second plaintiff therein agrees for retention of suit property therein by the
defendants.
5. Accordingly, S.A.No.187 of 2020 arisen from O.S.No.7294/1996 is
dismissed and S.A.No.189 of 2020 that has arisen from O.S.No.6702/1996
is allowed. The compromise memo is required to be made a part of the
decree, and the decree be passed in terms of the compromise. Both sides
required to lend their co-operation for effecting mutation in revenue records
or such other records maintained by any other public or statutory
authorities, and this compromise decree is adequate. No costs.
Consequently, connected miscellaneous petitions are closed.
08.03.2023
Index : Yes / No
Internet : Yes / No
Speaking order / Non-speaking order
ds
N.SESHASAYEE.J.,
https://www.mhc.tn.gov.in/judis
S.A.Nos.187 of 2020 & 189 of 2020
ds
To:
1. The VII Assistant Judge
City Civil Court, Chennai.
2.The VII Additional Judge
City Civil Court, Chennai.
3.The Section Officer
VR Section, High Court, Madras.
S.A.Nos.187 of 2020 & 189 of 2020
08.03.2023
https://www.mhc.tn.gov.in/judis
