Madras High CourtSA(MD)/29/2011ordered

Karpagavalli (Died) v. Kalichamy

2020-12-22Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of December Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ 1.KARPAGAVALLI (Died) 2.VETRIVEL 3.VAIJEYANTHI ... Appellants/Appellants /Petitioners / VERSUS / 1 KALICHAMY 2 MUPUDATHI ... Respondents/Respondents/Respondents Second Appeal filed under Section 100 of Civil Procedure Code, preferred against the judgment and decree of the Principal Sub Court, Tenkasi, dated 24.03.2009 passed in A.S.No.33 of 2008, confirming the order passed in E.A.No. 26 of 2006 in E.P.No.166 of 2005 in O.S.No. 1073 of 2004, on the file of Principal District Munsif, Tenkasi, dated 25.06.2007.

DECREE : This Second Appeal coming upon for hearing on this day in the presence of Mr.D.Srinivasa Ragavan, Advocate for the Appellant and Mr. M.P.Senthil, Advocate for the 1st Respondent and the 2nd Respondent not appeared either in person or by an advocate and the parties herein having settled their differences and entered into a joint compromise dated 10.12.

2020 between themselves and through their respective counsels and having filed the memo of compromise duly signed by the parties as well as by their Advocates, and upon perusing the Grounds of appeal, the judgment and decree of the Lower Appellate Court and the order of the Court of First Instance and the material records and the joint memo of compromise, and in persuance to the said joint compromise memo, it was stated that after the death of their mother Karpagavalli, the 1st and 2nd Respondents had entered into a compromise in front of the village elders and thereby the 1st Respondent herein has come-forward to receive a sum of Rs.30,000/- (Rupees Thirty Thousand only) towards his claim against the decree passed in O.S.No.1073/2004 dated 04.04.

2005 as full and final settlement and also agreed to not press the attachment made against the suit properties by a deed of compromise dated 29.01.

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1) That, the Second Appeal preferred against the judgment and decree of the Principal Sub Court, Tenkasi, dated 24.03.2009 passed in A.S.No.33 of 2008, confirming the order passed in E.A.No. 26 of 2006 in E.P.No.166 of 2005 in O.S.No. 1073 of 2004, on the file of Principal District Munsif, Tenkasi, dated 25.06.2007 be and hereby is disposed in terms of Joint Compromise Memo, dated 10.12.2020 and

2) That, there be no costs in this Second Appeal. 2/3

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Principal Sub Judge, Tenkasi.

2. The Principal District Munsif, Tenkasi.

Copy to:

The Record Keeper,V.R. Section, Madurai Bench of Madras High Court, Madurai (+ 2 copies) ORDER DATED : 22/12/2020 ========================== DECREE ========================== NATURE OF DECREE :Disposing the Appeal in terms of Compromise Memo preferred against the judgment and decree of the Principal Sub Court, Tenkasi, dated 24.03.2009 madein A.S.No.33 of 2008, confirming the order passed in E.A.No. 26 of 2006 in E.P.No.26 of 2006 in E.P.No.166 of 2005 in O.S.No. 1073 of 2004, on the file of Principal District Munsif, Tenkasi, dated 25.06.2007 and etc. as stated within.

VB (24.02.2021) 3P 5C 3/3