M.Anandakumar v. T.Sumathi And 12 Others

Application No.1249 of 2023 in CS.No.830 of 2017 Application No.1249 of 2023 in CS.No.830 of 2017 R.N.MANJULA, J.

The 2nd defendant is the applicant and the plaintiffs and the other defendants are the respondents. The 2nd defendant has filed this application to record the Memo of Compromise dated 21.03.2021 entered into between himself and the plaintiffs 1, 5 &6 and others by stating that they had received money as against their share and they had undertaken to withdraw their part of claim in CS.No.830 of 2017.

2.Since there are other plaintiffs, who have filed the suit jointly, at the instance of the 2nd defendant the suit cannot be withdrawn by recording the compromise entered into between the 2nd defendant and a few of the plaintiffs. Hence this compromise cannot be recorded and the petition is not maintainable. Accordingly, this application is dismissed as not maintainable. 27.03.2023 [1/5] jrs 1/2 https://www.mhc.tn.gov.in/judis

Application No.1249 of 2023 in CS.No.830 of 2017 R.N.MANJULA, J.

jrs Application No.1249 of 2023 in CS.No.830 of 2017 27.03.2023 2/2 https://www.mhc.tn.gov.in/judis