V. Sitheswaran v. S. Vasantha Kumar (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN S.A.Nos.1182 & 1183 of 2013

1) V.Sitheswaran

2) M.Ramya .. Appellants /Plaintiff in both appeals Vs.

1) S.Vasantha Kumar (died)

2) Chetan Metha

3) Baby @ Babitha Metha

4) M.Jeevanantham

5) S.Saravanan

6) Annakodi .. Respondents /Defendant in both appeals Second Appeal No.1182 of 2013:

Second Appeal No.1182 of 2013 filed under Section 100 of the Code of Civil Procedure challenging the judgment and decree dated 06.08.2012 made in A.S.55 of 2011 on the file of Principal District and Sessions Judge, Erode confirming the finding of the Judgment and Decree dated 24.08.2010 passed in O.S.No.13 of 2006 on the file of Principal Subordinate Judge, Erode in respect of the capacity of the 1st defendant Vasantha Kumar in executing the sale deed (Exhibit B3).

Second Appeal No.1183 of 2013:

Second Appeal No.1183 of 2013 filed under Section 100 of the Code of Civil Procedure challenging the judgment and decree dated 06.08.2012 made in A.S.19 of 2012 on the file of Principal District and Sessions Judge, Erode reversing the finding of the Judgment and Decree dated 24.08.2010 passed in O.S.No.13 of 2006 on the file of Principal Subordinate Judge, Erode. For Appellants : Mr.M.Guruprasad For Respondents: R1 died;

Mr.S.Kaithamalai Kumaran for R2 & R3;

R4-service not completed;

Mr.N.Santhosh for R5;

R6-No appearance https://hcservices.ecourts.gov.in/hcservices/

C O M M O N J U D G M E N T Today, when the Second Appeals are taken up for hearing, learned counsel for the appellants submitted that the parties have already arrived at a settlement and entered into a Memorandum of Compromise before the National Meha Lok Adalat held in the District Court, Erode, on 21.04.2017. It is submitted by the learned counsel for the parties that Memorandum of Compromise has already been recorded before the said Lok Adalat and final decree has also been passed therein, based on the terms of the memorandum of compromise. In view of the above settlement, these Second Appeals are disposed of in terms of the award passed by the said Lok Adalat, wherein already the Memorandum of compromise had been recorded. The award of the said Lok Adalat shall form part of the order in the present Second Appeals. No costs.

Sd/- Assistant Registrar(CS IV) *here enclose xerox copy of the Memorandum of Compromise dated 21.04.2017 //True Copy// Sub Assistant Registrar sts To:

1) The Principal District and Sessions Judge, Erode

2) The Principal Subordinate Judge, Erode .

3) The Section Officer, V.R. Section, High Court, Madras. +2 cc to M/s.M.Guruprasad Advocate sr 45487 & 45486 S.A.Nos.1182 & 1883 of 2013 cnr(co) aa23/03/2018 https://hcservices.ecourts.gov.in/hcservices/