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Madras High CourtSA/923/2019disposed of

Thiruvenkadaswamy A v. Magudeeswari

2023-12-21Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and CMP.No.19588 of 2019 1.A.Thiruvenkataswamy 2.A.Sasikumar ...Appellants Vs.

1.K.Magudeeswari 2.Madan Maruthamuthu ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 13.08.2018 made in A.S.No.44 of 2016 on the file of the V Additional District and Sessions Court, Coimbatore, reversing the judgment and decree dated 28.04.2016 made in OS.No.71/2011 on the file of the Subordinate Court, Coimbatore.

For Appellant : Mr.S.Mukunth 1/4

Senior Counsel for M/s.Saravabhauman Associates For Respondents : Mr.L.Mouli

JUDGMENT

When the matter is taken up for hearing, the learned counsel for the appellants and the respondents filed a joint compromise memo stating that the entire suit properties are shown as 'A' Schedule and properties described as 'B' Schedule in the compromise memo are allotted to the share of the appellants and the properties shown as 'C' Schedule in the compromise memo are allotted to the share of the second respondent. Both the counsel requested the Court to dispose of Second Appeal and pass a final decree in terms of compromise memo. 2.

It is also further stated that the first respondent/Magudeeswari is not allotted any properties as she is satisfied with the allotment of share to the second respondent under 'C' Schedule. The compromise memo was signed by the appellants and the respondents. The parties are identified by their respective counsel and 2/4

the memo is counter signed by the respective counsel.

3. Therefore, this Court is inclined to record the compromise memo and pass a final decree in terms of compromise memo. The Second Appeal is disposed of in terms of joint compromise memo filed by the parties dated 21.12.2023. The compromise memo shall part form of the decree passed in the Second Appeal.

4. With this observation, this Second Appeal is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. 21.12.2023 Index : Yes/No Internet : Yes/No dna To 1.The V Additional District and Sessions Court, Coimbatore. 2.The file of the Subordinate Court, Coimbatore. 3/4

4/4

S.SOUNTHAR , J.

dna and CMP.No.19588 of 2019 21.12.2023 5/4