Madras High CourtSA/845/2017disposed of in memo of compromise

Athayee v. Ponnayal

2019-11-08Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2019

CORAM:

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN S.A.No.845 of 2017 & C.M.P.No.21229 of 2017 Athayee ..Appellant/Appellant/Plaintiff Vs.

1. Ponnayal

2. Valarmani

3. Kavitha

4. Marimuthu

5. Murugesan

6. Chinnammal

7. Pappa

8. Rameshkumar

9. Rajasekar 10.Kolanthaivelu 11.Selvam 12.Shanmuga Sundaram 13.Selvi 14.palanisamy 15.Ravikumar 16.Govindaraj 17.Geethalakshmi 18.Rajeswari 19.S.Nagasundaram 20.Ravi 21.Anitha 22.K.Palanisamy 23.Palaniammal 24.Mani 25.A.Rajamanickam 26.S.Rajendiran 27.M.Nagamalai 28.S.Jayaraman 29.S.Manickam 30.K.Sivadurai 31.Malarvizhi 32.Tamilarasi 33.P.Pushpalatha 34.Sulochana ..Respondents/Respondents/ Defendants 1/3

PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree of the learned II Additional District Court, Salem, dated 13.03.2017 in A.S.No.117 of 2015, confirming the judgment and decree of the Sub Court, Sankari, dated 07.08.2015 in O.S.No.153 of 1995.

For Appellant : Mr.P.Valliappan For Respondents: Mr.R.Marudhachalamurthy

J U D G M E N T

The parties are present. The parties have arrived at a settlement. The memorandum of compromise has also been filed. The actual compromise is in Tamil. The effect of the same is that the plaintiff has agreed to give up her share, upon receipt of a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) from the defendants 1 and 2. The receipt of Rs.30 lakhs has also been admitted by her before me.

2. In view of the same, the second appeal will stand disposed of recording the fact that the plaintiff/appellant has received a sum of Rs.30,00,000/-(Rupees Thirty lakhs only) in lieu of her share in the suit properties and she has no further claim against any of the defendants in the suit. A memorandum of compromise will form a part of the decree. However, there will be no order as to costs in this appeal. Consequently, connected miscellaneous petition is also closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To

1. The II Additional District Court, Salem.

2. The Subordiante Judge, Sankari

3. The Section Officer, VR Section, Madras High Court, Chennai.

2/3

+1 cc to M/s.P.Valliappan Advocate sr93193 +2 ccs to M/s.R.Marudhachalamurthy Advocate sr93120 S.A.No.845 of 2017 & C.M.P.No.21229 of 2017 aa22/11/2019 3/3