Kaverikan vs Shanmugavel Mudaliar (Died)
2023 Latest Caselaw 14436 Mad

Madras High Court

Kaverikan vs Shanmugavel Mudaliar (Died) on 21 November, 2023

                                                                               S.A.No.1042 of 2002


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 21.11.2023

                                                     CORAM

                                   THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                               S.A.No.1042 of 2002

                     1.Kaverikan
                     2.P.Thirumalai Rajkumar
                     3.Veluchamy
                     4.Chellasamy
                                                                            ...Appellants
                     (for themselves and on as administrators of
                     Kallakondasamy Temple belonging to Yadava
                     Community of South Sankarankoil Village and
                     Thalavaipuram Village and as representatives
                     of the Devotees)

                     (Appellants 1 to 3 are substituted in the place of
                     the deceased appellants 1 to 3 vide Court order
                     dated 10.10.2023 in C.M.P.(MD)No.13684 of 2023
                     in S.A.No.1042 of 2002)
                                                         vs.
                     1.Shanmugavel Mudaliar (died)
                     2.Ramalinga Mudaliar
                     3.Subramania Mudaliar

                     4.The Assistant Electrical Engineer (Supply) (Rural)
                       Tamil Nadu Electricity Board,
                       Sankarankoil.

                     5.Tamil Nadu Electricity Board,
                       Through its Superintending Engineer,
                       Tirunelveli Kattabomman District.

                     6.Saraswathi
                     7.Subramaniam
                     8.Vijayalakshmi


                     Page 1 of 5
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                                                                                      S.A.No.1042 of 2002


                     9.Valliammal
                     10.Arumugam
                     11.Gayathri                                               ... Respondents

                     (Respondents 6 to 11 are brought on record as
                     LRs of the deceased 1st respondent vide Court
                     order dated 07.11.2023 in C.M.P.(MD)nos.
                     15105 to 15107 of 2023 in S.A.No.1042 of 2002)


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 20.02.2002 in
                     A.S.No.15 of 2002 on the file of the Sub Judge, Sankarankoil reversing
                     the Judgment and Decree dated 17.08.2001 in O.S.No.364 of 1996 on
                     the file of the Principal District Munsif Court, Sankarankoil.

                     For Appellants                :    Mr.M.P.Senthil for A1 to A3
                                                        Mr.J.Antony Jesus for A4

                     For Respondents               :    Mr.V.Ramajegadeesan for R2 & R3
                                                        Mr.B.Ramanathan for R4 & R5
                                                        Mr.D.Srinivasaraghavan for R6 to R11
                                                        R1 - Died


                                                       JUDGMENT

This Second Appeal was referred to Mediation and Conciliation

Centre at the request of both sides counsel.

2. A Joint Compromise Memo was entered into between the

parties and the same is filed before this Court.

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3. The learned counsel on both sides would submit that there are

two wells situated in the suit property, one in the northern side and

another one in the southern side, over which, the well situated in the

northern side is agreed to be used by the respondents, i.e., the well

mentioned in this Joint Compromise Memo is only the well situated in

the northern side of the suit property.

4. In view of the Joint Compromise Memo filed between the

parties, this Second Appeal is disposed of. No costs.

21.11.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

mbi

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

To

1.The Sub Judge, Sankarankoil

2.The Principal District Munsif Court, Sankarankoil

3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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

R.KALAIMATHI, J.

mbi

21.11.2023

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