Thangamani(Deceased) v. Adbul Basha @ Basha Sahib

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.12.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.A.No.1472 of 2000

1. Thangamani (Deceased)

2. Palaniammal

3. Vijayalakshmi

4. Senthil kumar

5. Rajalakshmi (Appellants 2 to 5 brought on record as legal hiers of the deceased sole appellant vide order dated 07.12.2018 in C.M.P.Nos.13738 to 13740 of 2018 in S.A.No.1472 of 2000) ...Appellants/Respondent/Plaintiff/ LRs of deceased/Sole Appellant Vs.

1. Abdul Basha @ Basha Sahib (Deceased)

2. Mumtaz bi

3. Saleem

4. Sheik Jinnah (Deceased)

5. Zahir Hussain

6. Akbar Hussain

7. Shameem bi *8. S.Amina Bi (RR2 to R8 brought on record as legal heirs of the deceased sole respondent vide order dt. 10.12.2006 in CMP.Nos. 16430 to 16432 of 2004 in S.A.1472 of 2000)

9. Mallika Bi 10.Balkis Begum 11.Sahul 1/3

12.Sheik Muhamad (RR9 to R12 brought on record as legal heirs of the deceased fourth respondent vide order dt. 17.12.2019 in CMP.Nos. 26897, 26899 & 26905 of 2019 in S.A.1472 of 2000)

...Respondents

Prayer :- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 19.02.1999 made in A.S.No.416 of 1999 on the file of the Civil Court (Senior Division) (Subordinate Judge's Court), Kallakurichi, reversing the judgment and decree dated 18.07.1996 made in O.S.No.456 of 1992 on the file of the Principal District Munsif Court, Kallakurichi.

For Appellants 1st Appellant : Died Appellants 2 to 5: Mrs.Mythili Suresh For Sarvabhauman Associates For Respondents R1 & R4 : Died For R2, R3, R5 to R12 : Mr.Sheik Ismail

JUDGMENT

This second appeal is directed as against the judgment and decree dated 19.02.1999 made in A.S.No.416 of 1999 on the file of the Civil Court (Senior Division) (Subordinate Judge's Court), Kallakurichi, reversing the judgment and decree dated 18.07.1996 made in O.S.No.456 of 1992 on the file of the Principal District Munsif Court, Kallakurichi. 2.

The learned counsel on record appearing for either side are present. They made a submission that pending this appeal, the parties viz., the appellants as well as the respondents settled the issue amicably between themselves and also they entered into a Joint Memorandum of Compromise dated 17.12.2019. 3.

The above said Joint Memorandum of Compromise dated 17.12.2019, has been filed before this Court which have been signed by the appellants and the respondents and also by their respective counsel. All the parties are present and identified by their respective counsel. In order to identify the respective 2/3

parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4.

Accordingly, the terms of the above joint memorandum of compromise are recorded. On terms of Joint Memorandum of Compromise, this Second Appeal is disposed of. The Joint Memorandum of Compromise shall form part and parcel of this decree. No order as to costs.

Sd/- Assistant Registrar(CS IV) Dated:20/12/2019 *Amended as per order of this Court, dated 06/01/2021 and made in SA No.1472 of 2000 Sd/- Assistant Registrar(CS-VI) Dated:20/01/2021 //True Copy// Sub Assistant Registrar rts To

1. The Subordinate Judge To be substituted to the Civil Court (Senior Division), order already despatched Kallakurichi. On 30/12/2019

2. The Principal District Munsif Court, Kallakurichi.

Copy to:

The Section Officer, V.R. Section, Madras High Court, Chennai.

+1cc to M/s.Sarvabhauman Associates, Advocate Sr.104829 +1cc to Mr.Sheik Ismail, Advocate Sr.104816 +1cc to M/s.Sarvabhauman Associates, Advocate sr.705[22/01/2021] S.A.No.1472 of 2000 gj(co) nr 20/12/2019 srg 20/01/2021 3/3