Madras High CourtSA(MD)/150/2009disposed of

Joseph @ Joseph Thangaraj v. Arockiam

2020-02-06Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.A.(MD).Nos.150 & 151 of 2009 Joseph @ Joseph Thangaraj ..Appellant in both second appeals Vs.

1.Arockiam 2.A.Britto Savarimuthu 3.A.David Sagayam 4.A.Joseph 5.A.Amuleruppa Merry ..Respondents in both second appeals (Respondents 2 to 5 are impleaded as parties in both these appeals vide Court order dated 25.06.2019 made in C.M.P.(MD)Nos.3102 and 3103 of 2019.) COMMON PRAYER :- These Second Appeals filed under Section 100 of Civil Procedure Code, against the Judgment and Decree in A.S. Nos.360 and 86 of 2004 on the file of the Additional Subordinate Court, Dindigul, dated 12.12.2008 confirming the Judgment and Decree in O.S.Nos.135 of 1998 and 99 of 2000 dated 15.03.2001 on the file of the District Munsif Court, Nilakottai. In both second appeals For Appellant : Mr.S.Ravi For Respondents : Mrs.N.Juliet Latha ---- COMMON JUDGMENT These two Second appeals have been arising out of the common judgment made in O.S.Nos.135 of 1998 and 99 of 2000, on the file of District Munsif Court, Nilakottai.

2.The matter has been referred to Mediation Centre attached to this Bench. The parties have mediated themselves, arrived at a compromise and filed a joint compromise deed before the Mediators and forwarded to this Court. Hence, the joint compromise agreement reached between the parties, is recorded. These two second appeals can be disposed of as per the terms of compromise.

3.Though the parties agreed to withdraw their respective second appeal before the Mediation Centre attached to this Bench, this Court is of the view that since the compromise reached https://hcservices.ecourts.gov.in/hcservices/ 1/2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT between the parties and there is a valid executable decree in both the suits and hence, decree shall be drafted freshly. 4.The Registry is directed to draft a fresh decree as per the Joint compromise memo. The Joint compromise memo shall form part and parcel of the decree and judgment.

5.Accordingly, these two second appeals are disposed of in terms of compromise memo. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) rm To 1.The Additional Subordinate Judge, Dindigul.

2.The District Munsif, Nilakottai.

Copy to The Record Keeper, -2 copies V.R Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.JUIETA LATHA, Advocate ( SR-5038[F] dated 06/02/2020 ) +1 CC to Mr.S.RAVI, Advocate ( SR-5073[F] dated 06/02/2020 ) Common Judgment in S.A.(MD).Nos.150 & 151 of 2009 06.02.2020 KM/(21.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2