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Madras High CourtSA/570/2012allowed in terms of compromise

S.Palani v. Hari Krishnan

2024-09-02Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.RAJASEKAR and M.P.No.1 of 2012 S. Palani ... Appellant Vs.

1. Hari Krishnan

2. Phougi ammal @ Bhuvaneswari

3. Anitha

4. Vanitha

5. Kavitha ... Respondents Prayer:

Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and the decree dated 08.02.2012 passed in A.S.No.3 of 2011, on the file of the Subordinate Judge, Vellore, reversing the Judgment and the decree dated 24.11.2010 passed in O.S.No.1412 of 1993 on the file of the Additional District Munsif Court, Vellore. For Appellant : Mr.S.Udayakumar For R1 : Mr.V.Jayachandran For M/s.Karan Associates 1/4

For R2 to R5 : Given up

JUDGMENT

Today, when the matter is taken up for hearing, the learned counsel on both sides have entered appearance and presented a Memo of Compromise, dated 23.08.2024 entered between the appellant/plaintiff and the 8th defendant/1st respondent.

2. Originally, the appellant filed a suit seeking for permanent injunction against the respondents from interfering with peaceful possession and enjoyment of the suit Schedule property. Subsequently, the defendants No.3 to 6 have given up in this Second Appeal. Since enjoyment of the suit Schedule property is in dispute and now both the plaintiff and the 8th defendant have agreed to share the property as described in the Memorandum of Compromise and enjoy the same without any dispute, the same is recorded. The Memorandum of Compromise, dated 23.08.2024 and the Sketch attached shall form part of the Judgment. 2/4

3. Accordingly, the Second Appeal is allowed in terms of Memorandum of Compromise entered between the parties. No costs. Consequently, connected Miscellaneous Petition is closed. 02.09.2024 ssi Index :

Yes / No Speaking Order :Yes/No K.RAJASEKAR,J., 3/4

ssi 02.09.2024 4/4