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Madras High CourtSA/460/2019disposed of in memo of compromise

K.P.Nachimuthu v. K.N.Muthulakshmi

2025-09-15Honourable Mr.Justice K.Rajasekar12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR and C.M.P.No.7544 of 2019 S.A.No.460 of 2019 1.

K.P. Nachimuthu (Died) 2.

K.N. Muthukumar ... Appellants/ Cross Objectors/ Defendants 3.

Sellammal ... Appellant No.3 (A1 died, A3 is brought on record as legal representative of the deceased A1, videCourt order dated 06.08.2025 in C.M.P.Nos.17789 and 17790 of 2025 in S.A.Nos.460 and 463 of 2019) Vs.

1.

K.N. Muthulakshmi 2.

P. Muthayaal ... Respondents/ Respondents/ Plaintiffs Prayer: This Second Appeal is filed Under Section 100 of Code of Civil Procedure against the Judgment and Decree dated 22.10.2018 made in Cross Appeal in A.S.No.14 of 2018 on the file of the learned Third Additional District and Sessions Court, Erode at Gobichettipalayam, confirming the Judgment and Decree dated 06.11.2017 made in O.S.No.7 of 2005 on the file of the learned Sub Court, Gobichettipalayam.

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S.A.No.463 of 2019 1.

K.P. Nachimuthu (Died) 2.

K.N. Muthukumar ... Appellants/ Cross Objectors/ Defendants 3.

Sellammal ... Appellant No.3 (A1 died, A3 is brought on record as legal representative of the deceased A1, videCourt order dated 06.08.2025 in C.M.P.Nos.17789 and 17790 of 2025 in S.A.Nos.460 and 463 of 2019) Vs.

1.

K.N. Muthulakshmi 2.

P. Muthayaal ... Respondents/ Respondents/ Plaintiffs Prayer: This Second Appeal is filed Under Section 100 of Code of Civil Procedure against the Judgment and Decree dated 22.10.2018 made in A.S.No.14 of 2018 on the file of the learned Third Additional District and Sessions Court, Erode at Gobichettipalayam reversal of the Judgment and Decree dated 06.11.2017 made in O.S.No.7 of 2005 on the file of the learned Sub Court, Gobichettipalayam.

For Appellants : Mr. C.A. Ramanan For N. Manokaran For Respondents : Mr. F. Rahman Sheriff ***** 2/12

JUDGMENT

When the matter came up for hearing today, both side counsels appeared and produced a 'Joint Memo of Compromise' entered between the parties in these appeals.

2.

The second appellant/ K.N.Muthukumar in both appeals appeared in person before this Court, the third appellant/ Sellammal and respondents namely K.N.Muthulakshmi and P.Muthayaal in both appeals appeared through video conferencing and they have been identified by others and by the learned counsels. Both parties submitted their consent and stated no dispute in the joint memo of compromise containing the allotment of shares and also the 'Field Map' showing the portion of the lands allotted to them. The joint memo of compromise entered between the parties is shown hereunder. 3/12

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3.

In view of the above, based on the joint memo of compromise entered between the parties, these appeals are disposed of and the joint memo of compromise entered between the parties shall form part and parcel of this order.

4.

Accordingly, these second appeals stand disposed of in terms of the joint memo of compromise entered between the parties. Consequently, connected civil miscellaneous petition stands closed. No costs. 15.09.2025 stn Index:Yes/No Speaking Order : Yes/No To:

1. The III Additional District and Sessions Judge, Erode at Gobichettipalayam.

2. The Sub Judge, Gobichettipalayam.

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

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K. RAJASEKAR, J.

stn S.A.Nos.460 and 463 of 2019 and C.M.P.No.7544 of 2019 15.09.2025 12/12