K. Munusamy v. Theertheeswaraswamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.03.2015

CORAM:

THE HONOURABLE MS. JUSTICE K.B.K.VASUKI S.A. No. 845 of 2014 and M.P. No. 1 of 2014

1. K. Munusamy

2. Kuppammal ...Appellants/Respondents 1 & 3 /Defendants 1 & 4 Vs.

Theertheeswaraswamy Devasthanam rep. by its Hereditory Trustee

...Respondent/Appellant/

Plaintiff Andal Ammal (Since deceased) ...2nd Respondent/2nd Defendant PRAYER : Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 31.01.2012 made in A.S. No.44/2004 on the file of Sub Court, Tiruvallur reversing the judgment and decree dated 30.03.2004 made in O.S. No. 172 of 1999 on the file of the District Munsif Court, Tiruvallur. For Appellants :

Mr. M.S. Subramanian For Respondent :

Mr. K. Balaji

O R D E R

Learned counsel for the appellants and the learned counsel for the respondent and the hereditory Trustee of the Temple are present.

2. The dispute between the parties, by order dated 19.11.2014, was referred to Tamil Nadu Mediation and Conciliation Centre. Both the parties appeared before the Mediation and Conciliation Centre, along with their respective counsels and settled the issues between them on their own and the terms of settlement is reduced in writing by way of Joint Compromise Memo signed by the appellants and the respondent and the respective learned counsel on record. The Joint Compromise Memo dated 23.02.2015 along with the https://hcservices.ecourts.gov.in/hcservices/

Mediation report is received by this Court. The learned counsel for the appellants admit the factum of receipt of the payment of the entire amount of Rs.5,50,000/-, as agreed in the compromise. Learned counsel for the respondent Temple admitted the factum of accepting possession of the suit property from the appellants. The same is recorded by this Court.

3. The Second Appeal is disposed of in terms of the Joint Compromise Memo. The Joint Compromise Memo dated 23.02.2015 shall form part of the records. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar avr To

1. The Sub Court, Tiruvallur.

2. The District Munsif, Tiruvallur.

3. The Section Officer, V.R.Section, High Court, Madras.

1 CC to Mr. M.S. Subramanian, Advocate SR.No. 17752 1 CC to Mr. K. Balaji, Advocate SR.No. 17295 S.A. No. 845 of 2014 and M.P. No. 1 of 2014 VGI (CO) PSI (12.06.2015) https://hcservices.ecourts.gov.in/hcservices/