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Madras High CourtSA/2004/2003allowed

Madhammal v. Paramasivam S/O Narayanasamy

2021-03-15Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN S.A.No.2004 of 2003 and C.M.P.Nos.18305 of 2003 & 3014 to 3016 to 2007 1.Madhammal 2.Saraswathy 3.Lalitha ... Appellants/Respondents/Plaintiffs .. Vs ..

1.Paramasivam 2.Ponnukkaan ....Respondents/Appellants/Defendants Prayer :- Appeal filed under Section 100 of the Civil Procedure Code against the Decree and Judgment dated 19.03.2003 made in A.S.No.45 of 1998 on the file of the SubCourt, Dharmapuri reversing the Decree and Judgment dated 07.09.1998 made in O.S.No.354 of 1995 on the file of the District Magistrate and Judicial Magistrate Court, Palacode. For Appellants : Mr.R.Selvakumar For Respondents : Mr.R.Premnarayan

J U D G M E N T

The first appellant-Madhammal died on 21.11.2013. Appellants 2&3 brought on record.

2. In view of the effective efforts taken by the permanent Lok Adalat, District Legal Services Authority, the parties have entered into compromise between themselves, which was signed before the District Judge, Dharmapuri / the Chairman, permanent Lok Adalat District Legal Services Authority, Dharmapuri on 08.03.2021. The compromise has reached this Court. Respective counsel accepts the memo of compromise.

3. The memo of compromise is taken on record and as the matter is compromised between the parties, the respondent accepts that the appellants 2 & 3 are the daughters of the Madhammal and legal heir of late Narayanasamy. Accordingly, the Second Appeal shall stand disposed of in terms of the https://hcservices.ecourts.gov.in/hcservices/

compromise. The validity of the Will dated 25.07.1990 is accepted by the respondent. The factum of the acceptance of the marriage of Narayanasamy the appellant's mother and the Will dated 25.07.1990 are hereby recorded.

4. Accordingly, this Second Appeal is disposed of in terms of the memo of compromise. The memo of compromise shall form part of the decree. No costs. Consequently, connected C.M.Ps are closed.

*Copy of the Compromise Memo before the District Legal Services Authority, Dharmapuri enclosed Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar nvi To

1. The Subordinate Judge, Dharmapuri

2. The District Magistrate and Judicial Magistrate Court, Palacode.

Copy To The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.R.Premnarayan, Advocate SR.No.16670 +3ccs to Mr.R.Selvakumar, Advocate SR.No.16757 S.A.No.2004 of 2003 and C.M.P.Nos.18305 of 2003 & 3014 to 3016 to 2007 EV(CO) GMY(29/11/2021) https://hcservices.ecourts.gov.in/hcservices/