Madras High CourtAS/985/2020disposed of

S.J.Tharanipathy v. S.R.Jagannathan(Deceased)

2022-02-10Honourable Mr Justice M.Duraiswamy,Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI S.J.Tharanipathy .. Appellant Vs.

S.R.Jagannathan (Deceased) 1.J.Jayalakshmi 2.Ramesh (Deceased) 3.Charumathi 4.Subhaashree 5.R.Kowsik .. Respondents (R4 & R5 brought on record as LRs of deceased R2 vide order dated 26.04.2021) Appeal filed under Section 96 r/w Order XLI Rule 1 of the Code of Civil Procedure against the judgment and decree dated 29.10.2020 made in O.S.No.4781 of 2019 on the file of the III Additional Judge, City Civil Court, Chennai.

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For Appellant : Mr.D.Krishna Pradeep For Respondents : Mr.Karthik Ram Mohan (R4 & R5)

JUDGMENT

(Judgment delivered by M.DURAISWAMY, J.) Mr.D.Krishna Pradeep, learned counsel for the appellant and Mr.Karthik Ram Mohan, learned counsel for the respondents 4 & 5, the legal representatives of the deceased 2nd respondent, submitted that the parties had settled the matter out of Court and also entered into a memorandum of compromise dated 31.01.2022, hence, the appeal may be disposed of in terms of the memorandum of compromise. 2.The learned counsel for the appellant has also filed a joint memorandum of compromise dated 31.01.2022 before this Court. 3.On a perusal of the memorandum of compromise, it could be seen that the parties, viz., the appellant, respondents 1, 3, 4 & 5 have signed the document along with the learned counsel for the appellant and Page 2/4

the learned counsel for the respondents 4 & 5. Though the respondents 1 & 3 have signed the document, they are not represented by counsel. However, Mr.D.Krishna Pradeep, learned counsel for the appellant submitted that the respondents 1 & 3 have signed the memorandum of compromise in his presence.

4.Recording the submissions made by the learned counsel for the appellant and the learned counsel for the respondents 4 & 5, the memorandum of compromise dated 31.01.2022 is taken on record. The First Appeal is disposed of in terms of the compromise memo dated 31.01.2022. The terms of compromise shall form part of the decree. No costs.

Index : Yes/No [M.D., J.] [T.V.T.S., J.] va 10.02.2022 To 1.The III Additional Judge, City Civil Court, Chennai Page 3/4

M.DURAISWAMY, J.

and T.V.THAMILSELVI, J.

va 10.02.2022 Page 4/4