Yasodhamma v. Anusuya Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2019

CORAM:

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN S.A.No.69 of 2017 and CMP.No.1146 of 2017 1.Yasodhamma 2.Kumar Reddy 3.Suresh Reddy 4.Jayalakshmamma ..Appellants Vs.

1.Anusuya Devi 2.Dhamodhara Reddy 3.Karunakara 4.Ravi Kumar ..Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C., against the part of the decree and judgment dated 05.10.2015 made in A.S.No.7 of 2013 on the file of Sub Court, Hosur, Reversing the decree and judgment dated 27.02.2013 made in O.S.No.1 of 2006 on the file of the District Munsif Court, Hosur. For Appellants : Mr.S.Sivashanmugam For Respondents : Mr.D.Ramesh for R1 to R3 Mr.V.Lakshminarayanan for Mr.V.Raghavachari for R4

J U D G M E N T

This Second Appeal is at the instance of the defendants 1 to 4. They have already sold the entire property to the 4th respondent in the appeal/ 5th defendant in the suit, Mr.Ravi Kumar.

2. Since the decree for partition was granted in favour of the plaintiffs viz., respondents 1 to 3, the defendants 1 to 4 who are the vendors of the 5th defendant have preferred this appeal. Pending this appeal, the respondents 1 to 3 viz., plaintiffs have settled the matter with the the 4th respondent/ 5th defendant and have also filed a compromise memo.

3. The respondents 1 to 4 are present. A perusal of the compromise memo shows that the respondents 1 to 3 have sold the https://hcservices.ecourts.gov.in/hcservices/

suit item 2 to the 4th defendant. The dispute in the Appeal is only with reference to the said item 2. In view of the said sale nothing survives in this Appeal. The respondents 1 to 4 have filed a compromise memo setting out the details of transactions.

4. In view of the same, nothing survives in the Appeal and hence, the Second Appeal is dismissed as settled out of court. *The memorandum of compromise will form part of the order. No costs. Consequently, the connected miscellaneous petition is also closed.

*Herein enclose xerox copy of Memo of Compromise -s/d- Assistant Registrar Dated : 18/11/2019 *As per order of the Court dated 11/03/2020 para 4 is Corrected -s/dAssistant Registrar(CCC) Dated : 17/03/2020 True Copy Sub-Assistant Registrar dsa Copies already To despatched on

1. The Subordinate Judge, 28/11/2019 issue Hosur fresh order copy as order of this Court dated 11/03/2020

2. The Additional District Munsif, Hosur

3. The Section Officer, V.R. Section, High Court of Madras, Chennai 600 104.

+1 cc to Mr.D.Ramesh Kumar Advocate sr94203 +1 cc to Mr.V.Raghavachari Advocate sr94058 S.A.No.69 of 2017 aa18/11/2019 aa26/11/2019 GMY(17/03/2020) https://hcservices.ecourts.gov.in/hcservices/