Madras High CourtSA/110/2018ordered in terms of decree of compr

Mohammed Zackariah v. Mohammed Iliyas

2022-01-10Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY THE TENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MR.JUSTICE M.GOVINDARAJ S.A.No.110 of 2018 Mohammed Zackariah ... Appellant/4th Defendant Vs.

1. Mohammed Iliyas

2. Tamilnadu State represented by District Collector Nagapattinam Nagapattinam Town & District 3.The Assistant Director (Survey) Nagapattinam District Collector's Office Nagapattinam 4.The Tahsildar Porayar, Tharangambadi Taluk Nagapattinam District

5. Ikram Rasul ... Respondents 2 to 5/Defendants Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree of the Additional Subordinate Judge, Mayiladuthurai, made in Appeal Suit No.68 of 2014 dated 21.09.2016, confirming the judgment and decree of the Additional District Munsif, Mayiladuthurai, made in O.S.No.246 of 2011, dated 01.11.2014.

Decree : This Second Appeal coming on for hearing on this day in the presence of Mr.R.Bharanidharan, Advocate for the Appellant and Mr.K.Balaji, Advocate for the first respondent, Mr.P.Harish, Government Advocate for the 2nd , 3rd & 4th respondents and of Mr.Jaikumar Ranganathan, Advocate for the 5th respondent, both the contesting parties Appellant and the 1st Respondent who are the brothers having been settled their differences and having entered in to a joint compromise memo signed by the contesting parties, to which the 5th respondent herein has no objection, and having confirmed his No objection by way of E.Mail dated

10.01.2022, which is attached with Joint Compromise Memo and Government Advocate having been submitted that he has no objection for recording the Joint Compromise Memo and this Court while recording the Joint Memo of Compromise dated 10.01.2022 and also taking into account of the vernacular (Tamil) of Joint Memo of Compromise, along with consent deed, Plan, Sketch and in superssion of the decree of this Court below, doth settled in terms thereof order and decree as follows:

1) that the judgment and decree of the Additional Subordinate Judge, Mayiladuthurai made in Appeal Suit No.68 of 2014, dated 21.09.2016, confirming the judgment and decree of the Additional District Munsif, Mayiladuthurai, made in O.S.No.246 of 2011, dated 01.11.2014, be and hereby disosed of in terms of the Joint Memo of Compromise, dated 10.01.2022 along with Consent Deed and Plan Sketch.

2) that there be no order as to Costs in this Second Appeal.

* Xerox Copy of the 1.Joint Compromise Memo dated 10.01.2022 2.Consent Deed dated 10.01.2022 3.Plan Sketch enclosed Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar To

1. The Additional Sub Judge, Mayiladuthurai.

2. The Additional District Munsif, Mayiladuthurai.

3. The Section Officer, VR Section, High Court, Madras.

Copy To

1. The District Collector, Nagapattinam.

2. The Tahsildar, Porayar, Nagapattinam District.

(Now Mayiladuthurai District) +1cc to Mr.K.Balaji, Advocate SR.No.2076 +1cc to Special Government Pleader (CS) SR.No.2842 DATED : 10.01.2022 DECREE :

S.A.No.110 of 2018 Disposed of this Second Appeal in terms of Compromise preferred against the judgment and decree of the Additional Subordinate Judge, Mayiladuthurai made in Appeal Suit No.68 of 2014 dated 21.09.2016 etc., as stated within - No. Costs.

CNR(CO) GMY(25/04/2022)