Madras High Court
Latha vs Srimathi on 13 October, 2023
S.A.(MD).No.68 of 2019
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2023
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
S.A.(MD).No.68 of 2019
and
C.M.P.(MD)No.2142 of 2019
1. Latha
2. Chandra Kala
3. Narayanaperumal ... Appellants
/Vs./
Srimathi ...Respondent
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code against the Judgment and Decree passed by the Principal
Subordinate Court, Nagercoil, dated 30.10.2018 made in A.S.No.71 of
2017, confirming the Judgment and Decree passed by the Additional
District Munsif Court, Nagercoil, made in O.S.No.490 of 2010 dated
24.03.2017 and allow the Second Appeal.
For Appellants : Mr.D.Srinivasaragavan
For Respondent : Mr.D.Pragalathan
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S.A.(MD).No.68 of 2019
JUDGMENT
This Second appeal has been filed against the Judgment and
Decree passed by the Principal Subordinate Court, Nagercoil, dated
30.10.2018 made in A.S.No.71 of 2017, confirming the Judgment and
Decree passed by the Additional District Munsif Court, Nagercoil, made
in O.S.No.490 of 2010, dated 24.03.2017
2. Heard Mr.D.Srinivasaragavan, the Learned Counsel
appearing for the Appellants and Mr.D.Pragalathan, the Learned Counsel
appearing for the Respondent and perused the material documents
available on record.
3. For the sake of convenience, the contesting parties shall
be referred to as Plaintiff and Defendants. The Defendants are the
appellants and the plaintiff is the Respondent herein.
4. The Plaintiff has filed a suit in O.S.No.490 of 2010
before the Learned Additional District Munsif Court, Nagercoil to pass
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S.A.(MD).No.68 of 2019
Decree directing the defendants to vacate the Plaint schedule property
and surrender vacant possession to the Plaintiff and the suit was decreed
in favour of the Plaintiff on 24.03.2017. Against the said Judgment and
Decree, the Defendants have preferred an appeal in A.S.No.71 of 2017
before the Principal Subordinate Court, Nagercoil and the said appeal
suit was decreed in favour of the Plaintiff. This Second Appeal is filed
against the concurrent findings given by the Courts below.
5. Pending Second appeal the matter was referred to the
Mediation and Conciliation Centre attached to this Court. The matter
was settled amicably between the parties and the Statement of Agreement
was produced before this Court. The Statement of Agreement is
reproduced hereunder:
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S.A.(MD).No.68 of 2019
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S.A.(MD).No.68 of 2019
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S.A.(MD).No.68 of 2019
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S.A.(MD).No.68 of 2019
6. Hence, the Second Appeal is disposed of in terms of the
Statement of Agreement. The suit shall be decreed as per the Statement
of Agreement. The Statement of Agreement, dated 12.10.2023 shall form
part and parcel of this Judgment. There shall be no order as to costs.
Consequently, connected Miscellaneous Petition is closed.
13.10.2023
Index : Yes / No
NCC : Yes / No
ksa
TO:
1. The Principal Subordinate Court,
Nagercoil.
2. The Additional District Munsif Court,
Nagercoil.
3.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A.(MD).No.68 of 2019
S.SRIMATHY, J.
ksa
Judgment made in
S.A.(MD)No.68 of 2019
13.10.2023
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