Selvaraj v. Komathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ S.A.No.610 of 2008 and MP.No.1 of 2008 and C.M.P.No.20005 of 2017 Selvaraj ... Appellant/1st Defendant Vs.

1. Komathi @ Komalavalli

2. Manchu (R2 declared as major and her mother Komathi @ Komalavalli discharged from the guardianship vide order of Court dated 23.01.2018 made in CMP.No.20004/17 in SA.610/2008)

3. Selvi

4. Santhi

5. Rajathi ... Respondents/Plaintiffs 1 & 2/ Defendants 2 to 4 Prayer: Second Appeal is filed under Section 100 of C.P.C, against the Judgment and Decree of District Court, Nagapattinam dated 21.11.2007 made in A.S.No.4 of 2007 and Cross Appeal confirming the Judgement and decree of Additional Sub Court, Mayiladuthurai dated 17.08.2006 made in O.S.No.74 of 2005. For Appellant : Mr.S.Sounthar For Respondents : Mr.A.Muthukumar for R3 to R5 Mr.A.Arunbabu for R1 &R2

O R D E R

The matter is taken up for hearing today (12.02.2018), for final disposal. The respondents 1 and 2 have filed the Joint Memo of Compromise dated 09.11.2017. As per Joint Memo of Compromise, the respondents 4 and 5 are not the parties. However, today both the respondents 4 and 5 are present in the Court and submitted that they have no objection for disposing the appeal as having settled between all the parties concerned. The said Joint Memo of Compromise reads as Under:

(i) It is submitted 3rd respondent Selvi is dead. The appellant entered into compromise outside the court with the respondents an and legal representative of Selvi and consequently the respondents 3 to 5 may be exonerated.

(ii) The 1st respondent Komalavalli received a sum of Rs.14,00,000/- and the 2nd respondent received a sum of Rs.10,00,000/- from the appellant.

Further, the respondents 1 and 2 got a RCC building mentioned in the B schedule hereunder from the appellant. The respondents 1 and 2 having received the money mentioned above and a house from the appellant as mentioned in B schedule property have relinquished their right over properties mentioned in A schedule herein in favour of the appellant.

Consequentially the appellant has become the absolute owner of the A schedule property by virtue of the compromise from today onwards.

(iii). The respondents 1 and 2 hereby acknowledge and admit appellant's absolute ownership and possession over properties mentioned in A-Schedule hereunder. The appellant and person claiming under him are entitled to enjoy A-Schedule properties as absolute owner.

2. Accordingly, this second appeal is ordered as per terms of the Joint Memo of Compromise. The Joint Memo of Compromise shall form part of the order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vv

To

1. The District Judge, District Court, Nagapattinam.

2. The Additional Subordinate Judge, Subordinate Court, Mayiladuthurai.

copy to The Record Keeper VR Section High Court, Madras +1 cc to Mr.S.Sounthar Advocate sr 10747 +1 cc to Mr.A.Muthukumar Advocate sr 11254 S.A.No.610 of 2008 gj(co) aa06/04/2018