K.S.Sriram vs Sree Venkateshraj R.K
2024 Latest Caselaw 14915 Mad

Madras High Court

K.S.Sriram vs Sree Venkateshraj R.K on 1 August, 2024

                                                                             A.S. No. 974 of 2020


                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 01.08.2024

                                                  CORAM

                     THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                          A.S. No. 974 of 2020
                                                  and
                                        C.M.P. No. 13709 of 2020

                  1. K.S.Sriram
                  2. K.P.Babu
                  3. N.Kumaravel
                  4. K.R.Subramaniam
                  5. P.Palaniyammal                        ... Appellants/Defendants 8 to 12
                                                    -vs-
                  1. Sree Venkateshraj R.K.
                  2. Rajammal                                     ... Respondents/Plaintiffs

                  3. K.R.Chokkalingam
                  4. The Branch Manager
                     Canara Bank
                     Vaiguntham Branch
                     Sankari Taluk, Salem District.
                  5. Chinnannan
                  6. Raju
                  7. Muthayee @ Ponniyammal (died)
                       [R1 to R3 and R8 who were already on
                     record,    are    recorded     as legal
                     representatives of deceased R7, vide
                     order of Court dated 01.04.2024 made in
                     A.S. No. 974 of 2024 and C.M.P. No.
                     13709 of 2020. Memo is filed on
                     04.03.2024 is recorded]


                    Page 1 of 4
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                                                                                A.S. No. 974 of 2020


                 8. Velayee                                   ...Respondents/Defendants 2 to 7

                  PRAYER: This Appeal is filed under Order 41 Rule 1 and Section 96 of
                  Civil Procedure Code, against the Judgment and Decree passed in
                  O.S.No.221 of 2013 on the file of the III Additional District Judge,
                  Salem dated 07.09.2019.


                                  For Appellant     : Mr. R.Marudhachalamurthy
                                  For Respondents   : Mr. D.Rajkumar (R1 & R2)
                                                      Mr. M.Mohan (R3)
                                                      Mrs. T.Hemalatha (R4)
                                                      R5 – R8 (No appearance)


                                                     ORDER

The case was taken up and the second respondent,

viz., Rajammal, appeared through video-conferencing along with an

Aadhar Card and the learned counsel, Mr. D.Rajkumar, identified the

person, who appeared through video-conference as the second

respondent.

2. As per the Memo of Compromise filed, 'A' schedule goes to

and in favour of Defendants 8 to 10, 'B' schedule goes to and in favour of

Defendants 8 to 12, 'C' schedule is the property wherein 'A' and 'B'

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

schedules are excluded goes to the plaintiff. The schedules are given in

the memo of compromise, which is taken on file, and the same is attested

by the learned counsel for the appellants and also by the learned counsel

for the respondents 1 and 2.

3. The decree granted in O.S. No. 221 of 2013 on the file of the

III Additional District Judge, Salem is hereby modified in accordance

with the terms of compromise to the limited extent. The appeal suit is

partly allowed to the limited extent as indicated above and the memo of

compromise dated 01.08.2024 shall form part of the decree. No costs.

Consequently, connected Miscellaneous Petition is closed.

01.08.2024 Index :Yes/No Maya

To

The III Additional District Judge Salem.

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

RMT.TEEKAA RAMAN, J.

Maya

A.S. No. 974 of 2020 and

01.08.2024

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