Leelavathi v. R.Subathra

IN T7HE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.06.2024

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI S.A. No.203 of 2023 and C.M.P.No. 5886 of 2023

1. Leelavathi

2. S.Kanagamani ... Appellants

Versus

1. R.Subathra

2. Pangajam

3. Yuvarajan

4. Perumayee

5. P.Ganesan

6. Selvamani

7. P.Periyasamy

8. Rajamani

9. C.Periyasamy C.Sengottaiyan (died

10. Thangammal

11. Perumayee

12. Kandappan

13. The District Collector, Namakkal District, Namakkal.

14. The Tahsildar, Taluk Office, Tiruchengode, Namakkal Dt.

15. Murugesan ... Respondents 1/4

Prayer:- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 27.06.2022 made in A.S.No. 15 of 2018 on the file of the Addl. District Judge, Namakka reversal of the judgment and decree dated 07.12.2017 made in O.S.No.188 of 2010 on the file of SubCourt, Tiruchengode. For Appellants : Mr.N.Manoharan For Respondents : Mr.C.Jagadish for R1 Mr.V.Ramesh, Govt. Advocate for R13 and R14 R2, R7 to R12 & 15 - Unclaimed R3 - no such person JUDGEMENT Today, when the matter taken up for hearing, learned counsel for appellants, learned counsel for 1st respondent as well as learned Government Advocate appearing for respondents 13 and 14 have appeared. Both the learned counsels would submit that during the pendency of appeal, there was a partition effected among the plaintiff and contesting defendants. The contesting defendants have already sold their share to the purchasers viz., 2/4

Leelavathi and Kanagamani, who are appellants herein. Now, a joint memo of compromise along with a partition deed was filed by both parties for the terms arrived between them, wherein the appellants as well as respondents 1 to 3 have signed.

2. Recording the joint memo of compromise along with the copy of partition deed, this Second Appeal is disposed of. The learned Government Pleader appearing for respondents 13 and 14 is a formal party and his presence is recorded. The joint memo of compromise filed by the appellants as well as respondents shall form part and parcel of the decree. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 14.06.2024 rpp To Addl. District Judge, Namakkal.

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T.V.THAMILSELVI, J.

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