Veerabadiran (Deceased) vs R.Krishnamoorthy
2024 Latest Caselaw 645 Mad

Madras High Court

Veerabadiran (Deceased) vs R.Krishnamoorthy on 9 January, 2024

                                                                             S.A.No.1178 of 2006




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 09.01.2024

                                                       CORAM

                                   THE HON'BLE MR. JUSTICE G.ARUL MURUGAN

                                              S.A.No.1178 of 2006



                  1.Veerabadiran (Deceased)
                  2.Elumalai
                  3.Thirumalai (Minor)
                    Rep by father & Guardian
                    First Appellant
                  4.Sangeetha                                           ... Appellants
                  (Appellants 3 & 4 recorded as legal heirs
                   of the deceased 1st Appellant vide Court
                   dated 28.08.2017 made in SA.No.1178/2006
                   by SBJ. Memo filed to that effect)

                                                        Vs.

                  R.Krishnamoorthy                              ... Respondent



                  PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the
                  decree and judgment dated 28.02.2006 and made in AS.No.115 of 2005 on
                  the file of the Sub-ordinate Judge, Gingee confirming the decree and
                  judgment dated 31.03.2005 and made in OS.No.336 of 1999 on the file of
                  the District Munsif Judge, Gingee.

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                                                                                      S.A.No.1178 of 2006




                                  For Appellants     : Mr.B.Jawahar
                                  For Respondent     : Mr.A.Agilesh


                                                     JUDGMENT

The appellants herein are plaintiffs 1, 3 to 5, who have filed the suit in

OS.No.336 of 1999 on the file of Principle District Munsif, Gingee, for a

declaration declaring that the “A” schedule properties belongs to 1st plaintiff

and the “B” schedule properties belongs to the 2nd plaintiff and for

consequential relief of injunction.

2. The suit in OS.No.336 of 1999 was dismissed by the Trial Court by

its judgment and decree dated 31.03.2005 and the plaintiffs preferred an

appeal in A.S.No.115 of 2005 on the file of Sub-ordinate Judge, Chengam

and the same was also dismissed on 28.02.2006. Aggrieved by the same, the

present second appeal is filed.

3. Earlier when the matter was listed on 11.08.2023, a joint

memorandum of compromise was entered into between the parties before this

Court and in view of further modifications to be made, this Court by order

dated 11.08.2023 recorded the same and also allowed the parties to file

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necessary memo.

4. Today, when the matter is taken up for hearing the learned counsel

on either side submitted that they are withdrawing the earlier compromise

memo filed between them and the parties have arrived at fresh settlement.

5. The learned counsel for the appellants and the respondent submits

that pending second appeal, the parties have arrived at a compromise and

have executed a joint memo of compromise on 09.01.2024. As per the

compromise arrived at between them, the appellants herein will be entitled to

suit 'A' schedule property and the respondent herein will be entitled to the suit

B schedule property. It is also submitted that the respondent herein along

with his legal heirs has agreed to execute a separate release / partition deed in

favour of the appellants herein in respect of A schedule property which has

now been allotted to the appellants. It is further agreed that the appellants

have filed a separate suit in OS.No.223 of 2018 on the file of the Principal

District Munsif, Chengam, claiming partition and separate possession of the

suit properties which is described in 'C' schedule of this compromise memo

and the same is also unequivocally allotted to the respondent herein. The

appellant has further undertaken to withdraw the suit in OS.No.223 of 2018.

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6. The joint compromise memo dated 09.01.2024 signed by both the

appellants and the respondent and duly attested by their respective counsel is

filed. The parties are also present before this Court.

7. In view of the same, this Second Appeal is disposed of in terms of

joint memo of compromise filed and the joint memo of compromise dated

09.01.2024 shall form part and parcel of the decree. There shall be no order

as to costs.

09.01.2024

drl

Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No

To

1.The Sub-ordinate Judge, Gingee

2.The District Munsif Judge, Gingee.

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G.ARUL MURUGAN.,J.

drl

09.01.2024

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