Madras High Court
Vellathai vs Gopalakrishnan on 7 March, 2025
S.A.(MD)No.14 of 2022
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 07.03.2025
CORAM
THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN
S.A.(MD)No.14 of 2022
1.Vellathai
Aadhidurai
3.Aadhinarayanan
4.Pethanatchi
5.Minor Milagukani
6.Vijaya Dharshan ... Appellants
(Appellants 5 & 6 are minors represented through their
mother/4th appellant herein)
(appellants 4 to 6 are brought on record as Lrs of the
deceased 2nd appellant vide Court order dated 22.08.2024
made in C.M.P.(MD).No.10150 of 2024 in S.A.(MD).No.14 of 2022)
Vs
1.Gopalakrishnan
2.Poomani
Sudarsanam (died)
3.Aravind Thangam
4.Brindha ... Respondents
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1/7
S.A.(MD)No.14 of 2022
PRAYER: Second Appeal filed under Section 100 of C.P.C., against the
judgment and decree dated 29.08.2019, passed in A.S.No.39 of 2015 on
the file of the learned Sub Court, Thoothukudi, confirming the judgment
and decree dated 02.02.2015, passed in O.S.No.528 of 2010, by the
learned Principal District Munsif Court, Thoothukudi.
For Appellant :Mr.S.CHandrasekaran
For Respondents :Mr.V.Shathurthi Raja (for R1 & R2)
Mr.S.Kadarkarai (for R3 & R4)
JUDGMENT
The plaintiffs in O.S.No.528 of 2010 filed this second appeal
against the judgment and decree dated 29.08.2019, passed in A.S.No.39
of 2015 on the file of the learned Sub Court, Thoothukudi, confirming
the judgment and decree dated 02.02.2015, passed in O.S.No.528 of
2010, by the learned Principal District Munsif Court, Thoothukudi.
2.The plaintiffs filed a suit in O.S.No.528 of 2010, seeking
declaration and injunction and the same was dismissed by the learned
Principal District Munsif Court, Thoothukudi. Against which, the
plaintiffs filed a first appeal in A.S.No.39 of 2015 and the same was also
dismissed. Challenging the same, the plaintiffs filed the present second
appeal before this Court.
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3.Pending the second appeal, both the parties are ready to
compromise the matter between them.
4.Today (07.03.2025), when the matter is taken up for hearing,
both counsel on record would submit that they have already filed terms
of compromise, which is extracted here under :-
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5.As per the terms of compromise, even though suit scheduled
property in S.No.447 having an extent of 79 cents, as on today only 59
cents is available. Among 59 cents, the defendants 1 and 2 in O.S.No.528
of 2010 jointly agreed to receive 29 cents. The remaining parties jointly
agreed to receive 30 cents of the suit schduled property. All the parties
are present before this Court and their identity has also been verified and
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they are also affirmed the statement made in the terms of compromise.
The terms of compromise filed by both the parties is recorded.
6.Accordingly, this second appeal stands disposed of in terms of
the compromise dated 06.03.2025. The terms of compromise shall form
part and parcel of this order. Registry is directed to prepare the decree in
terms of compromise. There shall be no order as to costs.
07.03.2025
vsg
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Note:Issue Order Copy on 28.03.2025.
To
1.The Sub Court,
Thoothukudi.
2.The Principal District Munsif Court,
Thoothukudi.
3.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN, J.
vsg
07.03.2025
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