Annamalai Gounder v. K.Thiruvengadam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI SA No. 620 of 2024 & SA NO. 621 OF 2024 AND CMP NOS. 19656, 19648 & 19655 OF 2024

1. Annamalai Gounder 2.Elumalai Gounder Appellants in both S.A.s Vs

1. K.Thiruvengadam 2.K.Purushothaman 3.Kasiammal 4.Chinnakuzhandhai 5.Poongavanam @ Kasiammal Respondents in S.A.No. 620 of 2024 1.Kathirvelu 2.K.Thiruvengadam 1/5

3.K.Purushothaman 4.Deepa 5.Kasiammal 6.Poongavanam @ Kasiammal 7.Chinnakuzhandhai Respondents in S.A.No. 621 of 2024 PRAYER:- Second Appeal filed under Sec.100 of Civil Procedure Code, praying to call for the records of the impugned Judgment and decree dt. 26.02.2024 made in AS No.19/2019, on the file of Subordinate Judge, Gingee in confirming the Judgment and decree dt. 14.12.2018, made in OS No.35/2002, on the file of the Learned Principal District Munsif, Gingee and to set aside the same SA No. 621 of 2024 PRAYER:- Second Appeal filed under Sec.100 of Civil Procedure Code, praying to call for the records of the impugned Judgment and decree dt. 26.02.2024 made in AS No.20/2019, on the file of Subordinate Judge, Gingee confirming the Judgment and decree dt. 14.12.2018, made in OS No.139/2004, on the file of the Learned Principal District Munsif, Gingee and to set aside the 2/5

same and consequently grant 2/3rd share for the Appellants herein in the suit properties.

For Appellants in both S.A.s:

Mr.K.Mugundhan For Mr. Balamurugan For Respondents in S.A.No.620 of 2024:

Mr.B.Jawahar for R1 and R2 Mr.K.Mugundhan for Mr.Balamurugan for R3 to R5 For Respondents in S.A.No.621 of 2024:

Mr.B.Jawahar for R1 to R4 Mr.K.Mugundhan For Mr. Balamurugan For R5 To R7

JUDGMENT

Today, when the matter taken up for hearing, both learned counsel for appellants and respondents appeared and submitted that the matter was settled between parties. In view of the same, they have submitted a joint compromise memo.

2. The joint compromise memo filed by appellants and respondents is recorded. The same shall be forming part and parcel of the decree. Accordingly, as per the terms of compromise, the properties were already divided among parties. Furthermore, as per the terms of compromise, the parties are also in possession of the properties and the same is recorded. Hence, the passing of final decree would not arise, since the parties already in possession of properties 3/5

in accordance with the terms of compromise. Accordingly, these Second Appeals are disposed of. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.

24-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Principal District Munsif, Gingee.

2. Subordinate Judge, Gingee.

3. Section Officer, VR Section, Madras High Court. 4/5

T.V.THAMILSELVI J.

rpp AND CMP NO. 19656 OF 2024,SA NO. 621 OF 2024,CMP NO. 19648 OF 2024,CMP NO.

19655 OF 2024 24-06-2025 5/5