Saraswathi, v. Chitra,W/O.Late Muthusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2023

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and C.M.P.Nos.4152 & 4154 of 2023 Saraswathi ...Appellant/2nd Plaintiff -VsChitra

...Respondent/Defendant

Common Prayer:- Appeals Suits filed under Section 96 and Order 41 Rule 1 of CPC, against the common judgment and decree dated 24.08.2016 made in O.S.No.233 of 2009 and O.S.No.216 of 2014 on the file of the learned Additional District Munsif Judge No.3, Dharapuram, Tiruppur District.

For Appellant : Mr.P.Navaneethakrishnan For Respondent : Mr.A.Ramkumar C O M M O N J U D G M E N T Petitions in C.M.P.No.4152 of 2023 in A.S.No.649 of 2016 and C.M.P.No.4154 of 2023 in A.S.No.650 of 2016 are filed to record the Joint Memo of Compromise dated 12.12.2022 entered into between the 1/4

parties to the Appeals.

2.A.S.Nos.649 and 650 of 2016 are filed against the common judgment and decree in O.S.No.223 of 2009 and O.S.No.216 of 2014 on the file of the learned Additional District Judge No.3, Dharapuram, Tiruppur District, dated 24.08.2016.

3.The Appellant herein in A.S.No.649 of 2016 as 2nd Plaintiff filed the suit in O.S.No.223 of 2009, seeking partition, which was dismissed by the Trial Court by a common judgment in O.S.No.216 of 2014 and O.S.No.223 of 2009 dated 24.08.2016. The suit in O.S.No.216 of 2014 was decreed in favour of the Plaintiff, who is the Respondent in A.S.No.650 of 2016. Therefore, two Appeals had been filed A.S.Nos.649 and 650 of 2016.

4.The learned Counsel for the Appellant as well as the learned Counsel for the Respondent produced before this Court a Joint Memo of Compromise dated 12.12.2022 signed by the parties in presence of their respective Counsels and the Memo signed by the Counsels shall form part 2/4

of records. It is stated that the parties have agreed to get a disposal in terms of the said Compromise Memo.

5.Accordingly, the Joint Memo of Compromise dated 12.12.2022 in C.M.P.No.4152 of 2023 in A.S.No.649 of 2016 and C.M.P.No.4154 of 2023 in A.S.No.650 of 2016 are recorded and the Appeal Suits are disposed of in terms of the said Joint Memo of Compromise jointly submitted by the parties in both the Appeal Suits. No costs. Consequently, connected miscellaneous petitions are closed. 20.04.2023 cda Index : Yes/No Speaking/Non-speaking order Note: Issue Copy on 27.04.2023.

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SATHI KUMAR SUKUMARA KURUP , J., cda To 1.The Additional District Munsif Judge No.3, Dharapuram, Tiruppur.

2.The Section Officer, VR Section, High Court, Chennai.

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