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Madras High CourtSA/924/2024disposed of

Mahalakshmi v. P.Muthukumar

2025-04-04Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.04.2025

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Mahalakshmi ... Appellant Vs 1.P.Muthukumar 2.B.P.Aruchamy ... Respondents PRAYER: Second Appeal filed Under Section 100 of the Civil Procedure Code, against the Judgment and decree passed in A.S.No.5 of 2021 on the file of the Subordinate Court, Pollachi, dated 05.06.2024 confirming the judgement and decree passed in O.S.No.486 of 2006 on the file of District Munsif, Pollachi, dated 25.02.2021.

For Appellant :

Mr.G.Palani For R1 :

Mr.S.Prabhu For R2 :

Mr.G.Sridhar 1\4

JUDGMENT

The appellant has filed this Second Appeal against the judgment and decree passed in A.S.No.5 of 2021 on the file of the Subordinate Court, Pollachi, dated 05.06.2024 confirming the judgement and decree passed in O.S.No.486 of 2006 on the file of District Munsif, Pollachi, dated 25.02.2021.

2. Heard Mr.G.Palani, learned counsel for the appellant, Mr.S.Prabhu learned counsel appearing for the 1st respondents and Mr.G.Sridhar, learned counsel appearing for the 2nd respondent and perused the material available on record.

3. For the sake of convenience, the parties herein are referred to as they were ranked in the suit.

4. When the matter was taken up, both the counsels appeared and submitted that, before the mediation, a settlement was arrived at. As per the terms of the settlement, the appellant / defendant, Mahalakshmi, agreed to 2\4

remove the sunshade to some extent, to install a new pipeline, and to remove the fence marked as A, B, and C. However, no specific time was fixed for the compliance of these terms at the time of settlement.

5. Accordingly, a period of two months from the date of receipt of a copy of this order is granted to the defendant/appellant in this second appeal to comply with the said terms. There shall be no order as to costs.

6. In view of the settlement arrived at through mediation, the second appeal is disposed of. The terms of the settlement shall form part of this order.

7. The Registry is directed to call for the mediation report from the Mediation Centre, Pollachi, and place it along with the records. 04.04.2025 rri Index : Yes/No Speaking Order: Yes/No 3\4

T.V.THAMILSELVI, J.

rri To 1.The Subordinate Judge, Pollachi.

2. The District Munsif, Pollachi.

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

04.04.2025 4\4