Chellammal vs Parvathi
2023 Latest Caselaw 13969 Mad

                                                                                      S.A.No.751 of 2016

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 17.10.2023

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

                                                     S.A.No.751 of 2016

                     Chellammal                               ...         Appellant
                                                              Vs.
                     1.Parvathi
                     2.Ganesan                                ...         Respondents

                     Prayer: The second appeal has been filed under Section 100 of C.P.C.
                     against the judgment and Decree of the learned Subordinate Judge,
                     Kallakurichi made in A.S.No.36 of 2013 dated 04.02.2014 modifying the
                     Judgment and Decree of the Learned III Additional District Munsif,
                     Kallakurichi made in O.S.No.371 of 2008 dated 21.03.2013.



                                     For Appellant            : Mr.N.Ramesh


                                     For Respondent           : Mr.J.Franklin
                                     No.1

                                     For Respondent           : No appearance
                                     No.2




                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                    S.A.No.751 of 2016




                                                        JUDGMENT

This second appeal has been filed against the judgment and Decree

dated 04.02.2014 made in A.S.No.36 of 2013 by the learned Subordinate

Judge, Kallakurichi, modifying the Judgment and Decree dated 21.03.2013

made in O.S.No.371 of 2008 by the learned III Additional District Munsif,

Kallakurichi.

2.Both sides counsel are present and they filed a joint memo of

compromise dated 17.10.2023, wherein, both the parties have stated that

they entered into a compromise deed dated 02.11.2018 whereby the

appellant/plaintiff had paid a sum of Rs.40,000/- to the 1st defendant and

after receipt of the said amount, the defendants removed the encroachment

over the disputed 60 sq.ft. and the appellant/plaintiff is in possession of the

said 60 sq.ft. They also filed “Samaathana pathiram dated 02.11.2018”

along with the memo of compromise before this Court today.

https://www.mhc.tn.gov.in/judis S.A.No.751 of 2016

3.In view of the memo of compromise filed by the learned counsel for

the appellant/plaintiff as well as the 1st respondent /1st defendant and on the

basis of the “Samaathana pathiram dated 02.11.2018”, this second appeal is

disposed of and the memo of compromise dated 17.10.2023 filed by the

appellant as well as the 1st respondent jointly shall form part and parcel of

the decree. No costs. Consequently, connected miscellaneous petition, if

any, is closed.

                     Index : Yes/No                                             17.10.2023
                     Internet:Yes/No
                     sms
                     Copy to

                     1.The learned Subordinate Judge,
                       Kallakurichi.

2.The Learned III Additional District Munsif, Kallakurichi.

C.KUMARAPPAN, J.

https://www.mhc.tn.gov.in/judis S.A.No.751 of 2016

sms

S.A.No.751 of 2016

17.10.2023

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