Saroja(Died) v. Kalaivani,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.13544 of 2021 Saroja (died) Madeswaran ... Appellant Vs.
1. Kalaivani
2. Vasanthayammal ... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C., pleased to set aside the judgement and decree passed in A.S.No.43 of 2016 dated 26.08.2019 on the file of the 2nd Additional Sub Judge, Erode, confirming the judgement and decree passed in O.S.No.602 of 2011 dated 28.04.2016 on the file of the 1st Additional District Munsif, Erode. For Appellant : Mr. V.S.Kesavan For Respondents : Mr. M.Guruprasad for R1 1/4
JUDGEMENT Learned counsel appearing on both sides submitted that the matter has been settled between the parties and the parties have also filed the Joint Memo of Compromise in E.P.No.44 of 2020 in O.S.No.602 of 2011 on the file of the learned 1st Additional District Judge, Erode. Based on the Joint Memo of Compromise filed by the parties, the learned 1st Additional District Judge, Erode, has terminated the Execution Petition in E.P.No.44 of 2020 in O.S.No.602 of 2011 vide order dated 28.10.2021.
2. The learned counsel appearing on either side seek that a direction may be issued to the lower Court to return the original documents belonging to the parties concerned at the earliest.
3. In view of the submissions made by the learned counsel appearing on both sides, this Second Appeal stands closed. However, the learned trial Court is directed to return the original documents to the parties concerned in accordance with law on filing of necessary application and on 2/4
production of proper proof.
No costs. Consequently, connected miscellaneous petition is closed.
11.09.2023 Index : Yes / No Speaking / Non-speaking ham To
1. The 2nd Additional Sub Court, Erode.
2. The 1st Additional District Munsif Court, Erode.
3. The Section Officer, VR Section, High Court of Madras. 3/4
A.D.JAGADISH CHANDIRA.,J.
ham and C.M.P.No.13544 of 2021 11.09.2023 4/4