Krishnan vs Chinnapillai
2024 Latest Caselaw 20675 Mad

Madras High Court

Krishnan vs Chinnapillai on 23 October, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                            S.A(MD)No.281 of 2004


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED : 23.10.2024

                                                   CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                         S.A(MD)No.281 of 2004
                                                 and
                                       C.M.P(MD)No.1376 of 2004

                1.Krishnan
                2.Palanichamy
                3.Jothivel
                4.Ganesan
                5.Ponnuthayee        ... Appellants/Respondents 1 to 5/
                                                        Defendants 1 to 5

                                                 Vs.

                1.Chinnapillai
                2.Chinnammal
                3.Pappammal          ... Respondents 1 to 3/Appellants/
                                                        Plaintiffs

                4.Lakshmanan
                5.Duraisamy
                6.Chinnadurai        ... Respondents 4 to 6/Respondents 6, 8 & 9/
                                              Defendants 6, 8 & 9

                      (Respondents 4 to 6 are given up)



                Prayer: Second Appeal filed under Section 100 of the Code of Civil
                Procedure against the judgment and decree dated 10.03.2004 made in
                A.S.No.101 of 2003 on the file of the Additional Sub Court, Dindigul,
                reversing the judgment and decree dated 11.10.2001 made in
                O.S.No.645 of 1995 on the file of the District Munsif Court, Vedasandur.



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                                                                                S.A(MD)No.281 of 2004




                                  For Appellants             : Mr.A.R.M.Ramesh

                                  For RR 1 to 3              : Mr.Babu Rajendran

                                  For RR 4 to 6              : Given up



                                                      JUDGMENT

Heard the learned counsel appearing for the appellants and the

learned counsel appearing for the respondents 1 to 3.

2.The learned counsel appearing on either side submits that

the matter has been amicably settled between the parties and they

have also filed a compromise memo, dated 23.10.2024. The joint

compromise memo 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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3.Today, the appellants paid a sum of Rs.30,000/- each to the

respondents 1 to 3 and they also received the same before this Court.

4.There cannot be any dispute regarding the sharing of water.

On three days, respondents 1 to 3 will draw water, the appellants will

draw water on the fourth day, and again on the fifth day, the

respondents 1 to 3 can draw water in rotation basis. Each party can fit

an individual motor if they want to draw water from the well.

5.The standing trees in the portion of the appellants and the

respondents 1 to 3 are entitled to enjoy the same as per the division,

and no one can claim a right over the other trees in the other person's

lands.

6.The appellants and the respondents 1 to 3 can file an

application before the Taluk Surveyor for measuring the properties by

paying necessary fees, as per the division entered into the compromise

memo and on receiving the application with necessary fees, as per the

division entered into the compromise memo, the Taluk Surveyor can

measure the property and the Tahsildar can issue appropriate individual

patta in the name of the parties.

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7.Accordingly, the Second Appeal is disposed of in terms of the

compromise memo dated 23.10.2024 and there will be a decree

accordingly. The compromise memo, dated 23.10.2024, shall form part

of the decree. No costs. Consequently, connected Miscellaneous

Petitions are closed.

                                                                                 23.10.2024
                NCC               : Yes/No
                Index             : Yes/No
                ps




                To


                1.The Additional Sub Court,
                    Dindigul.


                2.The District Munsif Court,
                    Vedasandur.


                3.The Record Keeper,
                    V.R. Section,

Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

ps

Judgment made in

23.10.2024

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