Madras High CourtSA/163/1994disposed of

A.D.Ramaiah (Died) v. Pappammal (Died)

2022-11-23Honourable Mr Justice N. Seshasayee4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022 CORAM : JUSTICE N.SESHASAYEE Dr.A.D.Ramaiah(Died) ... Appellant/Respondent/Plaintiff

2. Sornavalli

3. Muthulakshmi (died)

4. R.Suresh ..Appellants 2 to 4/LRs of the sole appellant (Appellants 2 to 4 are brought on record as the LRs of the deceased sole appellant Vide court order dated 12.02.2021 made in M.P(MD)Nos.1 to 3 of 2013 in SA.No.163 of 1994 by NSKJ) (Since the third appellant died, a memo in USR 33427 dated 22.11.2022 is recorded) Vs.

Pappammal (Died) ..Respondent/Appellant/Defendant

2. Vanaja ..2nd respondent/lr of the sole respondent

3. Manikandan ..3rd respondent/lr of the subsequent purchaser (Second respondent is brought on record as the lr of the deceased sole respondent Vide court order dated 31.03.2022 in C.M.P(MD)Nos.8321, 8323 and 8325 of 2021 in SA.No.163 of 1994) (Third respondent is brought on record as third respondent Vide court order dated 07.07.2022 in CMP(MD)No.3514 of 2022 in SA.No.163 of 1994). Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 20.09.1993 made in A.S.No.22 of 1992 on the file of the District Judge, Sivaganga, reversing the judgment and decree dated 23.07.1992 in O.S.No.47 of 1982 on the file of the District Munsif, Sivaganga.

For Appellants 2 to 4 : Mr.A.L.Vijay Devaraj For R2 & R3 : Mr.K.K.Senthil

J U D G M E N T

The third appellant is reported dead and she has no direct legal descendant. Indeed the estate belongs to the first appellant, Dr.A.D.Ramaiah and R.Suresh, the fourth appellant is his adopted son.

2. The matter is compromised. A compromise memo dated 23.11.2022 duly signed by both parties and also their respective counsels is filed. A decree is directed to be passed in terms of the compromise memo. It is further stated that the second respondent Vanaja had sold the property to one Anushiya, who is no more. Anushiya's son Manikandan is brought on record as the third respondent in this appeal. R.Suresh, the fourth appellant and V.Manikandan, the third respondent are present before this Court along with their counsel.

3. The compromise memo and the sketch appended to the compromise memo are directed to be made part and parcel of the decree. Accordingly, this Second Appeal is disposed of. No costs.

23.11.2022 Internet : Yes/No Index : Yes/No Cm To,

1. The District Judge, Sivaganga

2. The District Munsif, Sivaganga.

3. The Section Officer, V.R.Section, Madurai Bench of Madras High Court.

N.SESHASAYEE, J.

CM 23.11.2022