Madras High CourtSA/1957/2003disposed of in memo of compromise

A.S.Murali Manohar v. K.J.Reddy

2022-11-04Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2022

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Second Appeal No.1957 & 1958 of 2003 and C.M.P.Nos.17832 & 17833 of 2003 S.A.No.1957 of 2003 1.A.S.Murali Manohar 2.B.V.Subramanian 3.Vijayalakshmi Subramanian 4.R.Suryanarayanan 5.R.Subramanian 6.K.Chandrasekaran 7.Dr.V.Muruganandan 8.S.Annamalai 9.M/s.J.K.Towers, Flat Owners Association, 7th Avenue, Ashok Nager, Chennai-83 ... Appellants Vs.

1.K.J.Reddy 2.K.Indira 3.The President, C.M.D.A. Office, Thalamuthu Natarajan Maaligai, 1/6

Gandhi Irwin Road, Egmore, Chennai-8 4.Gunasundari 5.The Commissioner and Secretary to Government of Tamilnadu, Housing and Urban Development Department, Chennai-9 ... Respondents (Cause title accepted vide order of this Court dated 19.09.2003 made in CMP No.13770 of 2003 by FMIKJ) Prayer in S.A.No.1957 of 2003:- This second appeal has been filed under Section 100 C.P.C., against the judgement and decree dated 27.02.2003 made in A.S.No.20 of 2002 on the file of the IV Additional Judge, City Civil Court, Chennai dismissing the judgement and decree dated 30.04.2001 made in O.S.No.7976 of 1991 on the file of the XVII Assistant Judge, City Civil Court, Chennai.

For Appellants : Mr.V.Karpagavalli for M/s.C.P.R.Kamaraj For Respondents : Mr.J.D.Srikanth Verma for M/s.P.Subba Reddy for RR1 & M/s.R.Siddharth, GA for R5 2/6

S.A.No.1958 of 2003 J.K.Towers Flat Owners Association, rep. by its Secretary, 77, 7th Avenue, Ashok Nagar, Chennai-083 ... Appellant Vs.

1.K.J.Reddy 2.K.Indira 3.The Member Secretary, C.M.D.A. Office, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai-8 ... Respondents Prayer in S.A.No.1958 of 2003:- This second appeal has been filed under Section 100 C.P.C., against the judgement and decree dated 27.02.2003 made in A.S.No.19 of 2002 on the file of the IV Additional Judge, City Civil Court, Chennai dismissing the judgement and decree dated 30.04.2001 made in O.S.No.7921 of 1991 on the file of the XVII Assistant Judge, City Civil Court, Chennai.

For Appellants : Mr.V.Karpagavalli for M/s.C.P.R.Kamaraj For Respondents : Mr.J.D.Srikanth Verma for M/s.P.Subba Reddy for 3/6

RR1 & 2 COMMON JUDGEMENT Today, when these matters are taken up for hearing, the learned counsel appearing for both parties submitted that the dispute among the parties has been resolved amicably by entering into a joint memo of compromise. Therefore, the learned counsel for the parties would pray this Court to dispose of the appeal in terms of the compromise entered into by the parties. The said joint memo of compromise dated 04.11.2022 duly signed by the parties has been produced before this Court.

2.Mr.R.Siddharth, learned Government Advocate has also conceded that both parties have entered into a Compromise since the 4th floor was regularized and as regards the ground floor is concerned, the parties have agreed to demolish the same. He further submitted that the said Joint Memo of Compromise may be recorded. 4/6

3. Both the parties along with their respective learned counsel, are also present before this Court.

4. In view of the submissions now made by the respective learned counsel for the parties and by the learned Government Advocate and recording the Joint Memo of Compromise, dated 04.11.2022 entered by the parties after having settled their disputes amicably, these Appeals are disposed of in terms of Joint Memo of Compromise dated 04.11.2022 filed by the parties. The said Joint Memo of Compromise shall form part of the decree. Consequently connected miscellaneous petitions are also closed. Both parties shall bear their own costs. 04.11.2022 dn To 1.The IV Additional Judge, City Civil Court, Chennai 2.The XVII Assistant Judge, City Civil Court, Chennai.

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KRISHNAN RAMASAMY.J., dn Second Appeal No.1957 & 1958 of 2003 04.11.2022 6/6