Gopichand Idandas v. Sriram Engineering Company

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2020 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN S.A.No.614 of 2007 & MP.No.1 of 2007 1.Gopichand Idandas 2.Gordhandas Idandas ... Appellants/Respondents/Plaintiffs Vs.

1.Sriram Engineering Company, a partnership firm rep. by its Partner M.D.Ram Manohar, No.6, Narasinghapuram Street, Chennai-600 002 2.D.Jayalakshmi 3.M.D.Ram Manohar 4.V.Vasuki 5.Bhavani Palanisamy(died) 6.Revathy Aravind Power of Attorney Agent M.D. Ram Manohar ..Respondents 1 to 6/Appellants/Defendants 7.A.S.P.A.Palanisamy 8.A.P.Ponarul 9.Poun Lakshmumi Ajay 10.A.P.Porrselvu ... Respondents 7 to 10/LRs of 5th Respondent (RR7 to 10 brought on record as LRs of the deceased R5 viz., Bhavani Palanisamy vide order of court dated 25.09.2019 made in CMP No.20874 of 2019 in S.A.No. 614 of 2007 Prayer:- This Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and decree dated 20.09.2006 in A.S.No.200 of 2005 on the file of II Additional Judge, City Civil Court at Madras reversing the judgment and decree dated 29.07.2004 in O.S.No.8557 of 1996 on the file of II Assistant Judge, City Civil Court.

For Appellants : Mr.J.Srinivasan for M/s.P.J.George For Respondents : Mr.C.Seethapathy

J U D G M E N T

When the matter is taken up for hearing, a Memorandum of Compromise dated 02.01.2020 has been filed signed by the parties to the dispute by which, the respondents herein have submitted to a decree passed by the Trial Court. The said Memorandum of Compromise dated 02.01.2020 is extracted hereunder: MEMORANDUM OF COMPROMISE ''The parties above named respectively submit as under:

1.The parties hereto have reached a settlement of the dispute in the above matter and pray that a consent order may be passed in the above second appeal as follows:

A. The respondents, their men, servants or anybody claiming under them, are restrained by a decree of permanent injunction from in any way interfering with the possession and enjoyment of the appellants or their successors in title, of the property described in the schedule hereunder.

B. The parties herein shall bear their respective costs''.

SCHEDULE OF PROPERTY The vacant land, being part of R.S.No.3231/2 in Block No.64 of Triplicane Division, being part of the property bearing Corporation Door No.6(Old Door No.28), measuring 228 square feet and bounded on the :

North by : R.S.No.3227(Part), South by : R.S.No.3231/2 West by : R.S.No.3232/1 and East by : R.S.No.3230 and coloured red in the annexed sketch''.

2. In view of the same, this Court is of the view that no further orders need to be passed in the Second Appeal. Recording the above Memorandum of Compromise dated 02.01.2020, this Second Appeal is closed.

No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The II Additional Judge, City Civil Court at Madras 2.The II Assistant Judge, City Civil Court, Madras Copy to The Section officer VR Section High Court, Madras 104.

+1 CC to Mr.P.J. George, Advocate sr 813.

+1 CC to Mr.C.Seethapathy, Advocate sr 316.

S.A.No.614 of 2007 MP(CO) SP(09/11/2020)