Madras High CourtSA/180/2013decree in terms of memo of comprom

K.Varadaraju(Died) v. J.Padmavathy

2023-03-03Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA S.A.No.180 of 2013 and C.M.P.No.11380 of 2016

1. K.Varadaraju (died)

2. V.Manjula

3. V.Naveen 4.V, Aravindhan ...Appellants [A2 to A4 brought on record as LRs of the deceased A1 vide Court order dated 03.03.2023 made in C.M.P.No.4811 of 2023 in S.A.No.180 of 2013] Vs.

1. J. Padmavathy

2. Kamakshi

3. Yohananda

4. Indrani

5. G.Thiruvalluvan (died)

6. B.Sathy (died)

7. Uma Maheswari

8. Sanjay Kumar

9. Akshay Kumar Thiruvalluvan 10.T.Divya Barathi 11.Sivakumar Sathi

12.Gayathri Sendhil Kumar 13.Minor S.Chandrakanth Rep by Mother and Next friend Venkatalakshmi [R7 to R10 brought on record as LRs of the deceased R5 and R11 to R13 brought on record as LRs of the deceased R6, vide Court order dated 11.01.2023 made in C.M.P.Nos.21674, 21680, 21676, 21675, 21682, 21683, 21688 and 21689 of 202 in S.A.No.180 of 2013)

...Respondents

Prayer:- This Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and decree dated 09.10.2012 passed in A.S.No.46 of 201 on the file of the Principal District Judge, Krishnagiri, confirming the judgment and decree dated 29.07.2011 passed in O.S.No.26 of 2004 on the file of the Subordinate Judge, Hosur.

For Appellants : Mr.K.Goviganesan For Respondent-1 : Served - No Appearance For Respondent-2 : Not ready in notice For Respondents- : Mr.D.Shivakumaran 3 and 4 For Respondents : Died 5 and 6 For Respondents 7 to 13 : Ms.G.Satheesh - No appearance Respondent-13 : Minor rep by Mother and Next friend Venkatalakshmi

J U D G M E N T

Today, a copy of the Sale Deed dated 02.03.2023 has been produced by the learned counsel appearing for the appellants and it is also informed that the said document has been registered as Document No.4089 of 2023 on the file of the Sub Registrar, Hosur. On the earlier occasion, two cheques for Rs.12,00,000/- (Rupees twelve lakhs only) each had been paid, which is today substituted with two Demand Drafts of a like amount. Therefore, the terms of the Joint Memorandum of Compromise dated 30.06.2022 has been performed by both the parties to the proceedings. 2.

Accordingly, the second appeal is disposed of in terms of the Joint Memorandum of Compromise dated 30.06.2023 and further adding that the terms of compromise has been completely fulfilled. The terms of the compromise shall form part of the record. The Sub Registrar, Hosur is therefore directed to release the document to the purchaser. The Demand Drafts, which are in the

custody of the Registrar General, High Court, Madras, are today handed over to Mr.D.Shivakumaran, learned counsel for the respondents 3 and 4. The copy of the Sale Deed is also taken on file. No costs. Consequently, connected miscellaneous petition is closed.

03.03.2023 Index :Yes/No Internet:Yes/No srn To

1. The Additional District Judge, Tiruvannamalai

2. The Principal District Munsif, Tiruvannamalai

3. The Section Officer, V.R.Section, High Court, Madras

P.T.ASHA.J, srn S.A.No.180 of 2013 and C.M.P.No.11380 of 2016 03.03.2023