K.Rajaram v. M.Perumal

S.A. No.665 of 2012 Dr.R.N.MANJULA,J.

This Second Appeal is listed today under the caption "for being mentioned" at the instance of the appellant.

2.The learned counsel for the appellant has pointed out some errors / corrections in the judgment and decree dated 17.04.2025 passed in the above Second Appeal, with regard to O.S.No.799 of 1997 and portion of the property agreed to be allotted. In so far as the judgment, it has been wrongly mentioned as O.S.No.79 of 1997 in the prayer and in the first paragraph. In so far as the decree also, O.S.No.79 of 1997 is wrongly mentioned instead of O.S.No.799 of 1997 and in paragraph no.2, instead of 277 1⁄2 Sq. feet, it has been wrongly mentioned as 227 1⁄2 square feet. 3.In view of the above submission made by the learned counsel for the appellant, in both the judgment and decree dated 17.04.2025, O.S.No.79 of 1997 is replaced with O.S.No.799 of 1997 and in the decree, the 2nd paragraph shall be corrected and the same shall read as follows:- "2. It is hereby agreed to allot North side portion of the property 277 1⁄2 square feet (25.78 Square metre) to M.Rajaram, Appellant herein/Defendant the property 1/6

described in the Schedule B hereunder and shall belong to the 'B' - party absolutely."

4.It is made clear that, except the above corrections, in all other respects, the judgment and decree dated 17.04.2025 shall remain unaltered. 5.The Registry is directed to issue the corrected copy of the judgment and the decree to the parties.

07-01-2026 gsa 2/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.A.No.665 of 2012 and M.P.No.1 of 2012 M.Rajaram ... Appellant / Defendant Vs.

M.Perumal ... Respondent / Plaintiff Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 19.12.2011 passed in A.S.No.112 of 2010 on the file of the Principal Sub-Court, Salem, reversing the judgment and decree in O.S.No.79 of 1997 dated 22.12.2005 on the file of the Principal District Munsif's Court, Salem. For Appellant : Mr.T.Sezhian For Respondent : Mr.T.M.Hariharan

JUDGMENT

This Second Appeal has been filed to set aside the judgment and decree dated 19.12.2011 passed in A.S.No.112 of 2010 on the file of the Principal Sub-Court, Salem, reversing the judgment and decree in O.S.No.79 of 1997 dated 22.12.2005 on the file of the Principal District Munsif's Court, Salem.

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2. Heard Mr.T.Sezhian, learned counsel for the appellant and Mr.T.M.Hariharan, learned counsel for the respondent and perused the materials available on record.

3. The matter which has been sent to the District Mediation and Conciliation Centre, Salem, for effecting mediation is seen to be successfully settled. The mediation report to that effect has also been submitted with proper annexures including the terms of compromise.

4. It is seen from the joint compromise memo that the terms of compromise agreed between the parties are reduced into writing for which both the parties are agreed and affixed their signature. In view of the same, the mediation report along with the joint compromise memo along with the sketch is recorded.

5. Hence, this Second Appeal is disposed as settled through Mediation and the suit is decreed in terms of the joint compromise memo. The joint compromise memo along with the sketch attached to it shall form part of this judgment and decree. No costs. Consequently, connected miscellaneous petition is closed.

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Speaking order / Non-speaking order 17.04.2025 Index : Yes / No : Yes / No gsk To 1.The Principal Sub-Court, Salem.

2.The Principal District Munsif's Court, Salem.

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R.N.MANJULA , J.

gsk S.A.No.665 of 2012 and M.P.No.1 of 2012 17.04.2025 6/6