Madras High Court
Aamina vs Mowlavi Rahamathulla on 3 October, 2023
S.A.No.145 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
S.A.No. 145 of 2017
and
C.M.P.Nos. 26929 of 2019, 3116 of 2017 & 21669 of 2023
N.Sheik Abdul Kadar (Died)
1. Aamina
2. Syed Noor Mohamed Jaffar Ali
3. Syed Noor Nisha
(By Power of Attorney agent 1st Appellant mother Aamina)
4. Syed Sheik Hammeed
...Appellants
Vs.
1.Mowlavi Rahamathulla
(By Power of Attorney agent 3rd respondent)
Thalpath Maraciar (died)
2.Sheik Maracair
3.Mohammatha Bivi ...Respondents
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code,
against the judgment and decree dated 28.03.2016 passed in A.S. 23 of 2011
on the file of the Second Additional District and Sessions Judge,
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S.A.No.145 of 2017
Chidambaram dismissing the suit relating to item 1 in suit and confirming the
judgment and decree dated 13.02.2006 passed in O.S. 13 of 2004 on the file
the District Munsif-Cum-Judicial Magistrate, Portonovo.
For Appellants : Mr.R.Gururaj
For Respondents : Mr.R.Amizhdhu
JUDGMENT
When the matter is taken up for hearing, the learned counsel appearing
for the appellants and the respondents submit that the matter has been settled
between the parties and the learned counsel for the appellants produced the
Joint Compromise Memo dated 03.10.2023, signed/thumb impression affixed
by appellants and respondents 2 and 3.
2.The appellants also filed the petition in C.M.P.No.21669 of 2023, to
record the Joint Compromise Memo. The counsel for the respondents has no
objection for allowing the same. Hence, this Court is inclined to allow the said
petition.
3.The appellants as well as the 3rd respondent appeared before this Court
through Video conferencing and acknowledged the compromise. The 1st
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S.A.No.145 of 2017
respondent is represented by his power agent, the 3rd respondent. It is
mentioned in the compromise memo that deceased 2nd respondent already sold
his share to 1st respondent. The Joint Compromise Memo is counter singed by
the learned counsel for the Appellants and the respondents by identifying the
respective parties. Therefore, this Court is inclined to record the Joint
Compromise Memo dated 03.10.2023.
4.Accordingly, C.M.P.No.21669 of 2023 is allowed and the Second
Appeal is disposed of in terms of Joint Compromise Memo dated 03.10.2023,
signed / thumb impression affixed by the appellants and the respondents 1 &
3. The Joint Compromise Memo shall form part of the decree. Consequently,
connected miscellaneous petitions in C.M.P.No.26929 of 2019 and
C.M.P.No.3116 of 2017 are closed.
03.10.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation Case : Yes/No
nti
https://www.mhc.tn.gov.in/judis
S.A.No.145 of 2017
S.SOUNTHAR, J.
nti
To
1. The Second Additional District and Sessions Judge,
Chidambaram.
2.The District Munsif-Cum-Judicial Magistrate,
Portonovo.
S.A.No. 145 of 2017
03.10.2023
https://www.mhc.tn.gov.in/judis
