Balasubramanian @ Sivasubramaniam vs Rethinam
2025 Latest Caselaw 157 Mad

Madras High Court

Balasubramanian @ Sivasubramaniam vs Rethinam on 1 April, 2025

Author: R. Hemalatha

Bench: R.Hemalatha

                                                                                          S.A.No.552 of 2018

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED : 01.04.2025
                                                             CORAM
                                  THE HONOURABLE MRS. JUSTICE R.HEMALATHA
                                                    S.A.No.552 of 2018
                                              and C.M.P.No.16223 of 2018


                     Balasubramanian @ Sivasubramaniam                                     ..Appellant

                                                                 vs.
                     1. Rethinam
                     2. Rajendran (Died)
                     3. Dakshinamurthy
                     4. Balakrishnan
                     5. Parvatham                                                         ..Respondents
                        (R5 is impleaded as the legal heir of
                          deceased R2 vide order of this Court, dated
                         17.02.2025 made in C.M.P.No.8757/2022)

                     PRAYER: Second Appeal filed under Section 100 of Civil Procedure
                     Code against the decree and judgment dated 27.11.2017 in A.S.No.39 of
                     2016 on the file of the Subordinate Court, Mayiladuturai, upholding the
                     decree and judgment dated 11.08.2016 in O.S.No.30 of 2013 on the file
                     of the Additional District Munsif Court, Mayiladuturai.


                                    For Appellant        : Mr.B.Jawahar

                                    For Respondents      : Mr.A.Muthukumar



                     Page 1 of 4




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                                                                                          S.A.No.552 of 2018



                                                   JUDGMENT

A Joint Compromise Memo dated 01.04.2025 duly signed by

both the appellant and the respondents and their respective counsels is

filed and the same is recorded.

2. In view of the above, the second appeal is disposed of as per

the terms of the Compromise recorded. The Memorandum of

Compromise dated 01.04.2025 shall form part of the decree in this

second appeal. The affidavit filed by the appellant to the effect that he

would be vacating the suit property on or before 20.03.2026 and pay the

entire arrears of rent and damages for use and occupation to the first

respondent within a week is also recorded. No costs. Consequently,

connected civil miscellaneous petition is closed.

01.04.2025 Index: Yes/No Speaking/Non-Speaking order vum

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To

1. The Subordinate Judge, Mayiladuturai.

2. The Additional District Munsif, Mayiladuturai.

3. The Section Officer, VR Section, High Court, Madras.

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R. HEMALATHA, J.

vum

01.04.2025

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