Kv Mohamed Ali S/O.Pn Hasan Ko v. Gowthaman S/O.Selvadurai 62-D
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.12.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI S.A.No.2132 of 2004 and CMP.No.18233 of 2004 K.V.Mohamed Ali .. Appellant Vs.
1.Gowthaman 2.Thamaraiselvi 3.Major Ramya
4. Karnan 5.Selvam 6.Chinnamuthu 7.Venkatachalam 8.Ramasamy 9.Rukmani 10.Lakshmi 11.Ayyandurai 12.L.Jayakumar .. Respondents [R3 Ramya declared as Major and her guardian and next frient Thamaraiselvi discharged, vide Court order dated 06.11.2024 mad in CMP.Nos.7371 & 7372 of 2024 in S.A.No.2132 of 2004. (TVTSJ)] PRAYER : Second Appeal is filed under Section 100 of the Code of Civil
Procedure, prayed to set aside the Judgment and Decree passed in A.S.No.118 of 2003 dated 24.08.2024 on the file of I Principal District Court, Salem confirming the judgement and decree passed in O.S.No.1912 of 1996 on the file of the I Additional District Munsiff Court, Salem dated 06.11.2002. For Appellant : M/s.P.T.Ramadevi For R1 to R6 : M/s.Zeenath Begam For R12 : Mr.A.Sundaravadanam For R8 : No appearance For R7, 9 to 11 : Died, Ex-parte.
J U D G M E N T
The appellant has filed this Second Appeal against the Judgment and Decree passed in A.S.No.118 of 2003 dated 24.08.2024 on the file of I Principal District Court, Salem confirming the judgement and decree passed in O.S.No.1912 of 1996 on the file of the I Additional District Munsiff Court, Salem dated 06.11.2002.
2. The appellant is 8th defendant, and respondents 1 to 6 are the plaintiff in the suit O.S.No.1912 of 1996. This suit pertains only to 0.55 cents, out of total 5.38 acre described in the plain schedule. Between the parties, a memorandum of compromise was entered. The claims against Respondents 7
to 12 were given up by the appellant. With respect to the 0.55 cents, a compromise was reached between the appellant and the respondents 1 to 6. The Memorandum of compromise was agreed upon by the parties.
3. The appellant and Respondents 1 to 6 appeared in person along with their respective counsel. The terms of compromise deed were accepted and are to be duly corrected. Accordingly, the compromise is recorded.
4. The terms of compromise, along with the coloured plan annexed to the compromise, form part of the degree.
5. As a result, the second Appeal is disposed of. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 09.12.2024 Index : Yes/No Speaking Order: Yes/No Nutral citation: Yes/No rri T.V.THAMILSELVI, J.
rri To 1.The I Additional District Munsiff, Salem.
2. The I Principal District Judge, Salem.
3.The Section Officer, VR Section, High Court of Madras.
S.A.No.2132 of 2004 and CMP.No.18233 of 2004 09.12.2024