C.Dakshinamoorthy(Died) v. The Kilpauk Benefit Society

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2021

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA S.A.Nos.721 of 2009 & 77 of 2011 S.A.No.721 of 2009 :

1.C.Dakshinamoorthy (Died) 2.D.Sumathi ...1st & 2nd Appellants / Appellants / Plaintiffs 3.D.Rajkumar 4.R.Praveena 5.D.Prabakar (Appellants 3 to 5 brought on record as LRs of the deceased 1st appellant viz., C.Dakshinamoorthy vide Court order dated 29.09.2021 made in C.M.P.No.9118/2021 in S.A.No.721/2009) ...3 to 5 Appellants / Lrs of the 1st Appellant Vs.

Kilpauk Benefit Society Limited, Rep. by its Managing Director, K.B.S.House, No.51, New Avadi Road, Kilpauk, Chennai - 600 010.

...Respondent / Respondent /

Defendant S.A.No.77 of 2011 :

Kilpauk Benefit Society Limited, Rep. by its Managing Director, K.B.S.House, No.51, New Avadi Road, Kilpauk, Chennai - 600 010.

...Appellant / Respondent / Defendant Vs.

1.C.Dakshinamoorthy (Died) 2.D.Sumathi ...1st & 2nd Respondents / Appellants / Plaintiffs

3.D.Rajkumar 4.R.Praveena 5.D.Prabakar (Respondents 3 to 5 brought on record as LRs of the deceased 1st respondent viz., C.Dakshinamoorthy vide Court order dated 29.09.2021 made in C.M.P.No.5761/2019 in S.A.No.77/2011) ...3 to 5 Respondents / Lrs of the 1st Respondents Common Prayer : Second Appeals filed under Section 100 of the Civil Procedure against the decree and judgment dated 29.06.2007 in A.S. No.702 of 2005, on the file of the Additional District and Sessions Court, Fast Track Court No-III, Chennai, modifying the decree and judgment dated 06.09.2005, in O.S. No.4760 of 2004, on the file of the XV Assistant Judge, City Civil Court, Chennai.

S.A.No.721 of 2009 :

For Appellants :

M/s.Vasudha Thiagarajan for Mr.R.Thiagarajan For Respondent :

M/s.Sowmya for Mr.S.Arunkumar S.A.No.77 of 2011 :

For Appellants :

M/s.Sowmya for Mr.S.Arunkumar For Respondent :

M/s.Vasudha Thiagarajan for Mr.R.Thiagarajan COMMON JUDGMENT Today, when the matter is taken up for hearing, a joint memo of compromise is filed by the appellants and the respondent. Both the appellants and the respondent appeared through virtual mode and accepted the terms of compromise.

2. In view of the above, these second appeals are disposed of as per the terms of Joint Memo of Compromise recorded. The Joint Memo of Compromise shall form part of the decree. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mtl/ham

To 1.The Additional District and Sessions Judge, Fast Track Court No-III, Chennai.

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

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

+1cc to Mr.S.Arunkumar, Advocate, S.R.No.52950 +2ccs to Mr.R.Thiagarajan, Advocate, S.R.No.53583 S.A.Nos.721 of 2009 & 77 of 2011 SSD(CO) NSK 17/02/2022