Madras High CourtSA/1575/2011decree in terms of memo of comprom

K.Murugesan v. Nallammal

2021-04-23Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2021

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA S.A.NO.1575 OF 2011 Murugesan ... Appellant Vs.

1.Nallammal 2.Velusamy 3.Shanmugam 4.Kalaimani 5.Muthusamy 6.Sarasu 7.Kaliammal 8.Pappe 9.Parvathi ... Respondents Prayer:

Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the Judgment and Decree dated 28.10.2010 made in A.S.No.30 of 2008 on the file of the learned Principal District Judge, Namakkal confirming the Judgment and Decree dated 25.08.2008 made in O.S.No.392 of 1996 on the file of the learned Subordinate Judge, Namakkal.

For Appellant :

Mr.T.Dhanyakumar For Respondent : Mr.M.Meenakshi for R4, R6 to R9 R2, R3 & R5 No Appearance

JUDGMENT

The parties to the proceedings in S.A.No.1575 of 2011 which emanates from the suit O.S.No.392 of 1996 filed by the appellant herein for a partition and separate possession of his 17/24th share in the suit properties have compromised the disputes among themselves. The connected suit O.S.No.25 of 1998 is filed by the appellant herein against the respondents 5, 8 and 2 in S.A.No.15 of 2011 for a bare injunction. The suit in O.S.No.392 of 1996 is a comprehensive suit.

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2. The parties have entered into a joint memo of compromise in which the suit schedule properties have been alloted to the various sharers and the details of the allotment has been given in the joint Memorandum of compromise.

Therefore, the Joint Memorandum Compromise is recorded and the Second Appeal is allowed in terms thereof. The Joint Memorandum of Compromise along with the sketch detailing the allotment of shares to the parties to the appeal will form part of the Decree. There shall be no order as to costs. Sd/- Assistant Registrar(I) //True Copy// Sub Assistant Registrar mps To

1. The Principal District Judge, Namakkal.

2. The Subordinate Judge, Namakkal.

Copy To The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.T.Dhanyakumar, Advocate, S.R.No.25471 S.A.No.1575 of 2011 SSV(CO) CS/08/07/2021 https://hcservices.ecourts.gov.in/hcservices/