Jayachandran v. Munusamy Naidu(Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN A.S.No.89 of 2006 and C.M.P.No.3252 of 2006 1.Jayachandran 2.Munikrishnan 3.Dhilip 4.Renuka (Given up) ...Appellants Vs.

1.Munusamy Naidu (Deceased) 2.Bakthavatchalam 3.Jayalakshmi [R3 brought on record as L.R of deceased R1 vide order of Court dated 11.11.2013 made in C.M.P.No. 10199 of 2006] ... Respondents PRAYER: Appeal Suit filed under Section 96 of C.P.C., as against the judgment and decree in O.S.No.544 of 2004 on the file of the learned Additional District Judge, Fast Track Court No.1, Chengalpattu, dated 06.09.2005.

For Appellants :Mrs.R.Ramya For R2 :Mr.D.Gopinath ********

J U D G M E N T

The 4th appellant is given up.

2.The first respondent died and his daughter has been brought on record as third respondent as per order of this Court dated 11.11.2013 made in C.M.P.No.10199 of 2006 in A.S.No.89 of 2006.

3. Both the parties are present along with their respective counsel.

4. A Memorandum of Compromise has been filed before the Registry on 11.01.2024 duly signed by all the parties and the respective counsels. The Memorandum of Compromise is taken on file and the same is recorded.

5. Accordingly, this Appeal Suit is allowed and consequently O.S.No.544 of 2001 on the file of the Fast Track Court No.I, Chengalpattu is set aside. The memorandum of compromise shall form part of the decree. No costs.

6. The Registry is directed to return the original documents of Ex.A-1, A-2, A-3, A-37, A-38, B-1 and B-2 as mentioned in clause No.13(i) of the terms of the agreement, after substituting the same with the certified copies. Consequently, connected C.M.P is closed. 11.01.2024 nvi

Index : Yes/No Speaking/Non-speaking order To 1.The Additional District Judge, Fast Track Court No.1, Chengalpattu. 2.The Section Officer, V.R.Section, High Court, Madras.

RMT.TEEKAA RAMAN,J.,

nvi A.S.No.89 of 2006 11.01.2024