Kunjianna Gounder v. K.Nanjappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HON'BLE MR. JUSTICE R.SAKTHIVEL and C.M.P.No.14885 of 2018

1. Kunjianna Gounder

2. K.Ramachandran

3. K.Sowndararajan

4. K.Nagarajan ... Appellants Vs.

K.Kondathu Gounder (died)

1. K.Nanjappan K.Palanisamy (died) Sarojini (died)

2. Ramathal

3. R.Aruchamy

4. Marathal

5. Senthilkumar

6. Janarthanan

7. Rangammal

8. C.Nanjappan

9. C.Subramaniam

10. Smt.Santhamani

11. N.Krishnasamy

12. K.Vellingiri

13. Smt.Thulasimani N. Ramasamy (died)

14. N.Senthilkumar 1/12

15. R.Sasi

16. N.Palanisamy

17. P.Sivakumar

18. Selvan

19. M.Arunsankar

20. Velumani

21. Vijayakumar

22. Ponnusamy

23. Sumathi

24. Kariammal ... Respondents PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code 1908, against the judgment and decree dated 20.03.2018 made in A.S.No.46 of 2014 on the file of the III Additional District and Sessions Judge, Coimbatore, confirming the judgment and decree passed in O.S.No.764 of 2008 dated 28.10.2013 on the file of the III Additional Sub Ordinate Judge, Coimbatore.

For Appellants : Mr.R.Marudhachalamurthy For R1 to R6 & R21 to 23 : Mr.J.Vignesh R7 to R20 & R24 Not Ready in Notice

JUDGMENT

Mr.R.Marudhachalamurthy, learned Counsel for the appellants and Mr.J.Vignesh, learned Counsel for R1 to R6 & R21 to R23 are before this Court.

2/12

2. Mr.K.Sowndararajan (Appellant No.3) is present physically before the Court. The Appellant Nos.1, 2 & 4 and the Respondent Nos.1 to 6 and the Respondent Nos.21 to 23 are before this Court through Video Conferencing mode. Notably, both the learned Counsels have verified the identity of the aforesaid parties and have also annexed a copy of Identity proofs of the aforesaid parties.

3. Both the parties have filed a Joint Compromise Petition under Order XXIII Rule 3 and Section 151 of Civil Procedure Code 1908, which reads as follows :

3/12

4/12

5/12

6/12

7/12

8/12

9/12

4. The terms of compromise entered into by the parties have been read over and explained to all the parties to the compromise. They have agreed to the terms of compromise. Hence, the Joint Compromise Petition filed under Order XXIII Rule 3 and Section 151 of Civil Procedure Code 1908 is hereby recorded and allowed.

5. In view of the Joint Compromise Petition filed under Order XXIII Rule 3 and Section 151 of Civil Procedure Code 1908, this Second Appeal is disposed of in terms of the above compromise. Compromise decree shall be drawn in accordance with the terms of the above compromise. No costs. Connected Civil Miscellaneous Petition is closed. 26.09.2024 raja Index : yes/no Internet : yes/no Speaking Order / Non-Speaking Order To

1. The III Additional District and Sessions Judge, Coimbatore

2. The III Additional Sub Ordinate Judge, Coimbatore 10/12

11/12

R.SAKTHIVEL, J.

raja 26.09.2024 12/12