Madras High Court
N.Rajaian vs Mr.Chellian (Deceased) on 29 October, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
S.A.No.1408 of 2003
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.10.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
S.A.No.1408 of 2003
and
C.M.P.No.12701 of 2003
N.Rajaian ... Appellant/Respondent/
Defendant
Vs.
Mr.Chellian (Deceased)
1.Mr.Russel (Died)
2.Amirtha Bai
3.Ebanesarthrisha
4.Immanuvel Nebisa
(Respondents 2 to 4 are brought on record
as LRs of the deceased sole respondent
vide Court order dated 20.01.2022)
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the judgment and decree made in A.S.No.21 of 1996,
on the file of the I Additional Sub-Court (Camp), Padmanabhapuram,
dated 28.09.2001 setting aside the judgment and decree made in
O.S.No.248/1986, on the file of the Additional District Munsif,
Padmanabhapuram, dated 20.09.1995.
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1/9
S.A.No.1408 of 2003
For Appellant : Mr.R.Devaraj
For R1 : Died
For R3 & R4 : Dispensed with
For R2 : Mr.V.Janakiramulu
JUDGMENT
Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the second respondent.
2. When the matter was taken up for hearing on 12.09.2024
at the request of the learned counsel appearing for both sides, this
Court passed the following order:-
"The learned counsel appearing for the appellant
and the respondents submitted that there is a possibility of
amicable settlement between the parties and requested to
refer the matter before the District Mediation Centre at
Nagercoil.
2. Considering the said request, the matter is
referred to the District Mediation Centre at Nagercoil and
the Principal District Judge, Nagercoil at Kanyakumari shall
appoint a Senior Counsel as Mediator in this matter and the
parties are directed to appear before the District Mediation
Centre at Nagercoil on 23.09.2024 without fail.
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3. The Registry is directed to send the papers to
the District Mediation Centre at Nagercoil forthwith. The
Principal District Judge, Nagercoil at Kanyakumari is directed
to return the bundle to the Registry after completing the
mediation process.
4.Post the matter on 30.09.2024."
3. Today, when the matter is taken up for hearing, the learned
counsel appearing on either side submits that the matter has been
amicably settled between the parties before the Kanniyakumari District
Mediation and Conciliation Centre, District Court Campus, Nagercoil.
The District Co-Ordinator, Principal District and Sessions Judge, District
Mediation and Conciliation Centre, Kanniyakumari at Nagercoil has sent
a report, dated 28.10.2024. The Mediation Report is found to be signed
by both the parties along with the counsel on record and a scanned
reproduction of the same is as follows:
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4. It is made clear that the common pathway for the use of
appellant and respondent as per the Commission report are 'MN' portion
on the southern side of the Primary Health Centre. The width of the
pathway to be taken is with 8 feet width. Both parties accepted to use
the pathway as their common pathway.
5.Accordingly, the Second Appeal is disposed of in terms of the
Mediation report, dated 28.10.2024 and there will be a decree
accordingly. The Mediation Report, dated 28.10.2024, shall form part of
the decree. No costs. Consequently, connected miscellaneous petition is
closed.
29.10.2024
NCC : Yes/No
Index : Yes/No
am
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To
1.The I Additional Sub-Court (Camp),
Padmanabhapuram.
2.The Additional District Munsif,
Padmanabhapuram.
3.The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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V.BHAVANI SUBBAROYAN, J.
am
Judgment made in
28.10.2024
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