R. Vijaya v. R. Krishna Gounder(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.A.No.46 of 2006

1. R.Vijaya

2. P.Balarama Kounder (Deceased)

3. P.Vadivel Kounder

4. E.Lakshmipathi

5. E.Sekar

6. E.Shankar

7. Santha

8. Valarmathi

9. Varalakshmi

10. V.Rajaveni

11. K.Kuppammal

12. Mangamma

13. Maliga

14. Prema

15. Guna (Appellants 12 to 15 brought on record as legal hers of the deceased second appellant vide order dated 23.07.2014 in C.M.P.Nos.667 & 668 of 2012 in S.A.No.46 of 2006) ...Appellants 1 to 11/ Defendants 2 to 14 Vs.

1. R.Krishna Gounder (died)

2. Rajulu

3. V.Dhanalakshmi

4. V.Kumar

5. V.Sugu

6. V.Ravi

7. K.Venkatammal ..Respondents 1 to 8/Plaintiff 1 to 8

8. S.Sreedhar

9. Suresh

10. Ramesh

11. Vasanthi

12. Vancheammal

13. Chandrasekaran

14. Vijayalakshmi

15. Amudha (Respondents 12 to 15 brought on record as legal hers of the deceased first respondent vide order dated 20.11.2018 in C.M.P.Nos.7125 to 7127 of 2016 S.A.No.46 of 2006)

16. Minor Santhakrishnan Rep by his father & natural guardian Chandrasekaran (R16 impleaded vide order dated 25.02.2020 in CMP.No. 4361 of 2020 in S.A.46 of 2006)

...Respondents

Prayer :- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 09.11.2005 made in A.S.No.29 of 2001 on the file of the Principal Subordinate Court, Tindivanam, reversing the judgment and decree dated 06.12.2000 made in O.S.No.644 of 1981 on the file of the Principal District Munsif Court, Tindivanam.

For Appellants : Mr.R.Sunil Kumar For Respondents R1 : Died For R2 to R8, R12, R14, R15 : Mr.S.Dharmakkan R9 to R11 : Disd vide Court Order dated 15.03.2018 For R13 & R16 : M/s.C.Jayachitra

JUDGMENT

This second appeal is directed as against the judgment and decree dated 09.11.2005 made in A.S.No.29 of 2001 on the file of the Principal Subordinate Court, Tindivanam, reversing the judgment and decree dated 06.12.2000 made in O.S.No.644 of 1981 on the file of the Principal District Munsif Court, Tindivanam.

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 28.02.2020.

3.

The above said Joint Memorandum of Compromise dated 28.02.2020 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 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 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 //True copy// Sub Assistant Registrar rts To

1. The Principal Subordinate Judge, Tindivanam.

2. The Principal District Munsif Court, Tindivanam.

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

+1cc to Mr.R.Sunil Kumar, Advocate SR.No.18176 S.A.No.46 of 2006 RR(CO) GMY(26/08/2020)