Madras High Court
Ganesan vs Ranjangam on 7 September, 2023
S.A.(MD).No.599 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
S.A.(MD)No.599 of 2020
Ganesan ... Appellant/Appellant/Plaintiff
-vs-
1. Ranjangam
2. Balasundaram
3. Kalimuthu ... Respondents/Respondents/
Defendants
(3rd Respondent exonerated as per order
dated 07.09.2017)
PRAYER: Second Appeal is filed under Section 100 of C.P.C, against the
decree and judgment dated 17.10.2019 made in A.S.No.5 of 2018 on the file
of the learned Principal District Judge, Pudukkottai, confirming the decree
and judgment dated 03.01.2018 made in O.S.No.66 of 2010 on the file of the
learned Subordinate Judge, Pudukkottai.
For Appellant : Mr.M.Rajaraman
For Respondents : Mr.D.Rameshkumar – for R1
1/7
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S.A.(MD).No.599 of 2020
JUDGMENT
The present Second Appeal has been filed by the appellant under
Section 100 of C.P.C, against the decree and judgment dated 17.10.2019
made in A.S.No.5 of 2018 on the file of the learned Principal District Judge,
Pudukkottai, confirming the decree and judgment dated 03.01.2018 made in
O.S.No.66 of 2010 on the file of the learned Subordinate Judge, Pudukkottai
2. The appellant is the plaintiff, and the respondents are the defendants
before the Court below.
3. The learned counsel appearing for the first respondent has filed a
Memo stating that the second respondent died on 10.02.2023 and that he has
no legal heirs and he was unmarried and the parents of the second respondent
were also predeceased. The Memo is taken on record.
4. The third respondent has already been exonerated before the first
appellate Court vide order dated 07.09.2017. Therefore the contesting parties
to the Second Appeal is the appellant and the first respondent herein.
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S.A.(MD).No.599 of 2020
5. The learned counsel on either side submitted that the appellant and
the first respondent settled the matter out of the Court and also entered into a
Joint Memo of Compromise on 17.08.2023. The same is filed before this
Court. Both the appellant and the first respondent and also by their respective
counsel signed the Compromise Memo. The appellant and the first respondent
are also present in person before this Court, and they have been identified by
the respective learned counsels. This Court also enquired both the parties
about the compromise, and they admitted the compromise. This Court is
satisfied that both the parties have come to an amicable settlement between
themselves.
6. For ready reference, the terms of compromise is extracted as
follows:
1. The appellant as well as the first
respondent have entitled for the equal common
title and interest over the suit property.
2. The appellant as well as the first
respondent have equally entitled to the suit
properties and both are joint owners of the same.
3. The above terms of settlement arrived
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S.A.(MD).No.599 of 2020
between the appellant as well as the contesting 1st
respondent may be recorded and prayed for
passing a compromise judgment and decree in the
above Second Appeal.
7. Based upon the above compromise Memo, both side counsels prayed
to pass decree. This Court is passing order in this Second Appeal in terms of
the above said Compromise Memo dated 17.08.2023. The joint Compromise
Memo dated 17.08.2023 shall form part of this order.
8. In the result, this Second Appeal is disposed of as indicated above.
There shall be no order as to costs.
07.09.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
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S.A.(MD).No.599 of 2020
To
1.The Principal District Court,
Pudukkottai.
2. The Subordinate Court,
Pudukkottai.
https://www.mhc.tn.gov.in/judis
S.A.(MD).No.599 of 2020
C.KUMARAPPAN,J.
ebsi
S.A.(MD)No. 599 of 2020
07.09.2023
https://www.mhc.tn.gov.in/judis
S.A.(MD).No.599 of 2020
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