Madras High Court
R.Balasubramanian vs R.B.Rani Alias Seethalakshmi on 16 April, 2025
S.A.(MD).Nos.143 & 144 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.04.2025
CORAM
THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN
S.A.(MD).Nos.143 & 144 of 2018
and
C.M.P.(MD).Nos.4063 of 2018 & 3803 of 2018 and 3145 of 2025
S.A.(MD).No.143 of 2018
R.Balasubramanian .. Appellant
Vs.
R.B.Rani Alias Seethalakshmi .. Respondent
PRAYER: Second Appeal has been filed under Section 100 of C.P.C, to
set aside the judgment and decree dated 29.08.2017 passed in A.S.No.55
of 2016 on the file of the III Additional District Court, Tirunelveli
confirming the decree and judgment dated 26.02.2016 passed in O.S.No.
80 of 2013, on the file of the Additional Sub Court, Tirunelveli and allow
the second appeal.
For Appellant : Mr.H.Arumugam
For Respondent : Mr.V.Ramkrishnan
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S.A.(MD).Nos.143 & 144 of 2018
S.A.(MD).No.144 of 2018
R.Balasubramanian .. Appellant
Vs.
R.B.Rani Alias Seethalakshmi .. Respondent
PRAYER: Second Appeal has been filed under Section 100 of C.P.C, to
set aside the judgment and decree dated 29.08.2017 passed in A.S.No.56
of 2016 on the file of the III Additional District Court, Tirunelveli
confirming the decree and judgment dated 26.02.2016 passed in O.S.No.
82 of 2013, on the file of the Additional Sub Court, Tirunelveli and allow
the second appeal.
For Appellant : Mr.H.Arumugam
For Respondent : Mr.V.Ramkrishnan
COMMON JUDGMENT
The appellant in both second appeals is the plaintiff in the suit in
O.S.Nos.80 of 2013 and 82 of 2013 on the file of the Additional Sub
Court, Tirunelveli. He has filed two suits for the relief of declaration and
consequential permanent injunction.
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S.A.(MD).Nos.143 & 144 of 2018
2.The appellant and respondent are husband and wife. During the
pendency of the second appeals, both parties entered into a compromise
and also filed two separate compromise memos in the above second
appeals, which read as follows:
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S.A.(MD).Nos.143 & 144 of 2018
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S.A.(MD).Nos.143 & 144 of 2018
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S.A.(MD).Nos.143 & 144 of 2018
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S.A.(MD).Nos.143 & 144 of 2018
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S.A.(MD).Nos.143 & 144 of 2018
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S.A.(MD).Nos.143 & 144 of 2018
3. Today, when the matter was taken up for hearing both parties
appeared before this Court along with their respective counsel and
affirmed the terms of compromise.
4. Accordingly the second appeal in 143 of 2018 is disposed of on
the following terms:
4.1. Appellant is not entitled to the suit scheduled property
mentioned in the O.S.No.80 of 2013 on the file of the learned Additional
Sub Court, Tirunelveli.
4.2. The respondent is entitled to the suit scheduled property
mentioned in the O.S.No.80 of 2013 on the file of the learned Additional
Sub Court, Tirunelveli.
4.3. The respondent is also entitled to receive the corresponding
original document marked under Ex.A1 dated 11.10.1995 in O.S.No. 80 of
2013.
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S.A.(MD).Nos.143 & 144 of 2018
4.4. The appellant is entitled to receive the documents mentioned in
the CMP (MD) No. 3145 of 2025 in S.A.(MD) NO.143 of 2018 and
registry is directed to return the said documents stated in the CMP (MD)
No. 3145 of 2025 in S.A.(MD) NO.143 of 2018 to appellant.
4.5.In view of the compromise entered into between the parties
during the pendency of the second appeal, the appellants are entitled to
refund of the court fee. Registry is directed to refund the court fee;
4.6. There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
5. Accordingly the second appeal in 144 of 2018 is disposed of on
the following terms:
5.1. Appellant is entitled to the suit scheduled property mentioned in
the O.S.No.82 of 2013 on the file of the learned Additional Sub Court,
Tirunelveli.
5.2. The respondent is not entitled to the suit scheduled property
mentioned in the O.S.No.82 of 2013 on the file of the learned Additional
Sub Court, Tirunelveli.
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S.A.(MD).Nos.143 & 144 of 2018
5.3. The appellant is also entitled to corresponding original
document marked under Ex.A2 dated 24.11.1995 in O.S.No. 80 of 2013.
5.2.In view of the compromise entered into between the parties
during the pendency of the second appeal, the appellants are entitled to
refund of the court fee. Registry is directed to refund the court fee;
5.3. The terms of the compromise memos shall form part of this
order.
6. There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
16.04.2025
Index :Yes/No
Internet :Yes/No
NCC :Yes/No
sbn
Note: Issue order copy on 28.04.2025
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S.A.(MD).Nos.143 & 144 of 2018
To
1.The III Additional District Court, Tirunelveli.
2.The Additional Sub Court, Tirunelveli
3.The Section Officer,
VR Section (Records),
Madurai Bench of Madras High Court,
Madurai.
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S.A.(MD).Nos.143 & 144 of 2018
K.K.RAMAKRISHNAN, J.
sbn
S.A.(MD).Nos.143 & 144 of 2018
16.04.2025
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