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Madras High CourtSA/874/2008decree in terms of memo of comprom

The Secretary To Sri v. Thiruvavaduthurai Adheenam

2023-02-15Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and M.P.No.1 of 2008 The Secretary to Sri Vallabhacharya Vidya Sabhai Management Body for Sri Vaishnava College, Madras - 29 ...

Appellant Vs.

Thiruvavaduthurai Adheenam, Rep by its Adheenakarthar, His Holiness Sr.la Sri Sivaprakasa Pandara Sannadhi Avi.

Thiruvavaduthurai, Mayiladuthurai ... Respondent PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and the decree dated 31.08.2007 passed in A.S.No.312 of 2005 and the cross objection on the file of the Additional District and Sessions Judge, Chennai, Fast Track Court III, Chennai, by reversing the judgment and decree dated 29.07.2004 made in O.S.No.4674 of 1982 on the file of the VI Assistant Judge, City Civil Court, Chennai.

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For Appellant :

Mr.S.Vijayaraghavan For Respondent : Mr.B. Kumar, Senior Counsel for Mr.R.Loganathan

JUDGMENT

The parties have compromised the dispute amongst themselves and a joint Memorandum of Compromise dated 10.02.2023 has been filed signed by the representatives of both the parties. The same is taken on file.

2.

As per the terms of this Joint Memorandum of Compromise, the appellant has recognised the absolute title of the respondent, Adheenam to the suit schedule property and the respondent has granted a lease of the suit property to the appellant for a period of 4 years and 6 months commencing from 01.01.2023 to 30.06.2027 on a yearly rental of Rs.5,46,000/- up to 30.06.2025 and thereafter at Rs.6,55,200/- 2/4

3.

Therefore, the Joint Memorandum Compromise is recorded and the Second Appeal is allowed in terms thereof. The Joint Memorandum of Compromise will form part of the Decree. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

15.02.2023 Index : Yes/No Speaking Order: Yes/No srn Note: Issue order copy on 16.02.2023 To 1.The Additional District and Sessions Judge, Chennai, Fast Track Court III, Chennai,

2. The VI Assistant Judge, City Civil Court, Chennai.

3. The Section Officer, V.R.Section, High Court, Madras 3/4

P.T. ASHA, J, srn and M.P.No.1 of 2008 15.02.2023 4/4