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Madras High CourtSA/503/2023decree in terms of memo of comprom

B.Harikrishnan v. Dhanalakshmi (Died) 1. Saraswathi,

2023-11-06Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.A.Nos.503 & 542 of 2023 and C.M.P.Nos.15427 & 16980 of 2023 [S.A.No.503 of 2023] B.Harikrishnan ... Appellant Vs.

Anbalagan (Decd.)

1. Tmt.Saraswathi 2.Arulmigu Gangadeeswarar Temple Devasthanam Rep. by its Executive Officer Puraswakkam Chennai - 600084 3.The Commissioner Corporation of Chennai Chennai - 600084 1/7

4.The Asst. Engineer Zone V Corporation of Chennai 183, Periyar - EVR High Road Chennai - 600010 5.The Chairman The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai - 600002.

6. The Assistant Engineer, O and M (Purasawakkam) Tamil Nadu Electricity Board, No.37, Medavakkam Tank Road, Chennai - 600010.

7. The Chairman and Managing Director Tamil Nadu Metropolitan Water and Sewerage Board, No.1, Pumping Station Road, Chindatripet, Chennai.

8. The Assistant Engineer Tamil Nadu Metropolitan Water and Sewerage Board, Area V, 227, II Avenue, Near 12th Main Road, Anna Nagar, Chennai - 600040.

9. Chandrasekar @ Chandran

10. Vijayalakshmi @ Vijaya 11.Gunasekar @ Guna 12.Rajeswari 2/7

13.Chitra 14.Vanitha . . . Respondents [The respondents 3 to 7, 9 to 14 are set ex parte by the First appellate Court hence Notice to these respondents may be dispensed] [S.A.No.542 of 2023] B.Harikrishnan .

... Appellant Vs.

Tmt. Saraswathi ... Respondent Prayer in S.A.No.503 of 2023:- Appeal is filed under Section 100 of C.P.C to set aside the Judgment and Decree dated 06-07-2022 made in A.S.No.180 of 2019 on the file of Learned VII Addl. Judge, City Civil Judge, Chennai in confirming the Judgement and Decree dated 09-02-2018 made in O.S.No.5264 of 2008 on the file of Learned XII Asst. Judge, City Civil Judge, Chennai and consequently decree the suit as prayed for. 3/7

Prayer in S.A.No.542 of 2023:- Appeal is filed under Section 100 of C.P.C to set aside the Judgement and Decree dated 06/07/2022 made in A.S.No. 179 of 2019 on the file of Learned VII Addl. Judge, City Civil Judge, Chennai in confirming the Judgement and Decree dated 09/02/2018 made in O.S.No. 4897 of 2008 on the file of Learned XII Asst. Judge, City Civil Judge, Chennai.

For Appellant : Mr.K.V.Sundararajan [in both appeals] For Respondents : Mr.J.Ram, for Mr.T.S.Suresh, [for R.1 in SA.No.503/2023 and for sole respondent in SA.No.542/2023] : M/s.Suriya, AGP [for R.2 in SA.No.503/2023] : M/s.V.Vijayalakshmi [for R.7 and R.8 in SA.No.503/2023] : R.3 to R.6, R.9 to R.14 - Ex parte - vide JR (AS) dated 11.10.2023 in S.A.No.503/2023.

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COMMON JUDGEMENT The contesting parties have entered into a compromise which has been reduced into writing in a Memorandum of Compromise dated 06.11.2023. The Memorandum of Compromise is signed by the contesting parties and also by their respective counsels. The said Memorandum of Compromise dated 06.11.2023 is taken on file.

2. Accordingly, the above Second Appeals are decreed in terms of the Memorandum of Compromise dated 06.11.2023. The terms of the Memorandum of Compromise shall form part of the decree. No costs. Consequently, the connected Miscellaneous Petitions are closed.

3. It is needless to state that the appellant shall continue to pay the land rents to the temple without default.

06.11.2023 Index : Yes/No Speaking order/non-speaking order shr 5/7

To

1. The VII Addl. Judge, City Civil Judge, Chennai.

2. The XII Asst. Judge, City Civil Judge, Chennai 3.The Commissioner Corporation of Chennai Chennai - 600084 4.The Asst. Engineer Zone V Corporation of Chennai 183, Periyar - EVR High Road Chennai - 600010 5.The Chairman The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai - 600002.

6. The Assistant Engineer, O and M (Purasawakkam) Tamil Nadu Electricity Board, No.37, Medavakkam Tank Road, Chennai - 600010.

7. The Chairman and Managing Director Tamil Nadu Metropolitan Water and Sewerage Board, No.1, Pumping Station Road, Chindatripet, Chennai.

8. The Assistant Engineer Tamil Nadu Metropolitan Water and Sewerage Board, Area V, 227, II Avenue, Near 12th Main Road, Anna Nagar, Chennai - 600040.

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P.T.ASHA, J., shr S.A.Nos.503 & 542 of 2023 and C.M.P.Nos.15427 & 16980 of 2023 06.11.2023 7/7