S.Ganesan vs V.Devendran(Died) ... 1St
2024 Latest Caselaw 17790 Mad

Madras High Court

S.Ganesan vs V.Devendran(Died) ... 1St on 6 September, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                     1              S.A.(MD)No.114 of 2018

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 06.09.2024

                                                              CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                              S.A.(MD)Nos.114 & 121 of 2018

                     S.A.(MD)No.114 of 2018

                     S.Ganesan                                            ... Appellant / Appellant /
                                                                               Plaintiff
                                                               Vs.
                     1. V.Devendran(died)                             ... 1st Respondent/ Respondent /
                                                                           Defendant

                     2. D.Jansirani
                     3. D.Voltaire
                        (Respondents 2 & 3 are suo motu impleaded as LRs. of the
                         deceased first respondent vide order dated 20.08.2024) ... Respondents 2 and 3


                                  PRAYER : Second appeal filed under Section 100 CPC., to set
                     aside the judgment and decree of the lower appellate Court dated
                     15.07.2016 passed in A.S.No.2 of 2008 on the file of the Subordinate
                     Judge, Srivilliputhur, confirming the judgment and decree of the trial
                     Court dated 29.06.2007 passed in O.S.No.188 of 2001 on the file of the
                     Additional District Munsif, Srivilliputhur and allow the present second
                     appeal.




https://www.mhc.tn.gov.in/judis
                                                                      2               S.A.(MD)No.114 of 2018

                                       For Appellant             : Mr.M.R.Sreenivasan,
                                                                   for Mr.R.Nandakumar.
                                       For R-1                   : Mr.V.Sebastinal Preethi
                                                                  ***
                     S.A.(MD)No.121 of 2018

                     1. V.Devendran(died)                                  ... Appellant / Appellant /
                                                                                Defendant
                     2. D.Jansirani
                     3. D.Voltaire
                        (Appellants 2 & 3 are suo motu impleaded as LRs. of the
                         deceased first appellant vide order dated 20.08.2024) ... Appellants 2 and 3


                                                                Vs.

                     S.Ganesan                                            ... Respondent/ Respondent /
                                                                               Plaintiff

                                  PRAYER : Second appeal filed under Section 100 CPC., to set
                     aside the judgment and decree of the lower appellate Court dated
                     15.07.2016 passed in A.S.No.70 of 2007 on the file of the Subordinate
                     Judge, Srivilliputhur, confirming the judgment and decree of the trial
                     Court dated 29.06.2007 passed in O.S.No.188 of 2001 on the file of the
                     Additional District Munsif, Srivilliputhur and allow the present second
                     appeal.
                                       For Appellants            : Mr.V.Sebastinal Preethi

                                       For R-1                   : Mr.M.R.Sreenivasan,
                                                                   for Mr.R.Nandakumar.
                                                                  ***




https://www.mhc.tn.gov.in/judis
                                                                 3             S.A.(MD)No.114 of 2018


                                                   COMMON JUDGMENT

Both the second appeals arise out of O.S.No.188 of 2001 on the

file of the Additional District Munsif, Srivilliputhur.

2. Devendran, the original plaintiff passed away and his legal heirs

(wife and son) have come on record. The parties have amicably settled

the issue. The joint compromise memo dated 05.09.2024 has been filed.

The photographs have been enclosed along with the joint compromise

memo. The impugned judgments and decrees are set aside and both the

second appeals are disposed of in terms of the joint compromise memo

dated 05.09.2024. The joint compromise memo along with the enclosed

photographs will form part of the decrees. No costs.

06.09.2024 Index : yes/No Internet:Yes/No PMU

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

G.R.SWAMINATHAN,J.

PMU

To

1. The Subordinate Judge, Srivilliputhur.

2. The Additional District Munsif, Srivilliputhur.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD).Nos.118 & 121 of 2018

06.09.2024

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