Songappa Gounder (Died) v. Thangamuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2023

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA S.A. Nos.279 & 280 of 2012 and M.P. No.1 of 2012 S.A. No.279 of 2012

1. Songappa Gounder (died)

2. Gandhimathi

3. Pongaiammal

4. Manimekalai ...Appellants A1 died. AA2 to 4 are brought on record as LRs of deceased sole appellant vide order of court dated 01.12.2022 made in CMP Nos.20906, 20908, 20909/22 in S.A. No.279/12 Vs.

Thangamuthu ... Respondent S.A. No.280 of 2012

1. Songappa Gounder (died) *

2. Gandhimathi ... Appellants Vs.

1. Thangamuthu

2. Ganthimathi * Transposed as Appellant

3. Pongiammal

4. Manimekalai

5. Minor Harishkumar (Major)* Rep. by his guaudian mother Manimekalai ... Respondents * R5 declared as major and R4 discharged from the Guardianship and R2 transposed as 2nd appellant as sole appellant died, vide order of court dated 01.12.2022 made in CMP Nos.20912, 20914, 20918/22 in S.A. No.280/2012. Prayer in S.A. No.279 of 2012 : Second Appeal filed under Section 100 CPC against the decree and judgment dated 02.08.2011 made in A.S. No.48 of 2007 on the file of I Additional Sub Court, Erode, upholding the decree and judgment dated 31.01.2007 made in O.S. No.1495/2004 on the file of the II Additional District Munsif Court, Erode. Prayer in S.A. No.280 of 2012 : Second Appeal filed under Section 100 CPC against the decree and judgment dated 02.08.2011 made in A.S. No.

54 of 2007 on the file of I Additional Sub Court, Erode, reversing the decree and judgment dated 31.01.2007 made in O.S. No.1507/2004 on the file of the II Additional District Munsif Court, Erode. In S.A. No.279 of 2012 For Appellants : Ms. H. Kavitha For Respondents : Mr.N. Manokaran In S.A. No.280 of 2012 For Appellants : Ms. H. Kavitha For R1 : Mr.N. Manokaran For R4 & R5 : Mr. P.

COMMON JUDGMENT All the parties are present today before this Court. Learned Counsels for the appellants as well as the respondents are present before this Court.

2. A Joint Memo of Compromise dated 17.04.2023 duly singed by all the parties and their counsels is filed. All the parties accepted the terms of Compromise. Hence the Compromise is recorded.

3. Both the Second Appeals in S.A. Nos.279 and 280 of 2012 are disposed of as per the terms of Compromise recorded. The Joint Memo of Compromise dated 17.04.2023 and 15.08.2021 shall form part of the decree in S.A.Nos.279 and 280 of 2012. No costs. Consequently, connected miscellaneous petition is closed.

17.04.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

R. HEMALATHA, J.

bga To

1. The I Additional Sub Court, Erode.

2. The II Additional District Munsif Court, Erode.

3. The Section Officer, VR Section, High Court, Madras. S.A. Nos.279 & 280 of 2012 and M.P. No.1 of 2012 17.04.2023