Madras High CourtSA(MD)/591/2011disposed of

Thriumathal v. A.Chellamuthu

2021-12-01Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the First day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN SA(MD). No.591 of 2011

1. Thirumathal

2. V.Natchimuthu ... Appellants / Respondents / Defendants .Vs.

A.Chellamuthu ...

Respondent / Appellant / Plaintiff Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dt.05.01.2011 passed in A.S.21 of 2010, on the file of the Subordinate Court, Palani reversing the Judgment and Decree dated 28.10.2009 passed in O.S. No.99 of 2008 on the file of the District Munsif, Ottanchathiram.

DECREE: This Second Appeal came up for hearing on this day, in the presence of Mr.D.Venkatesh, Advocate for Appellants and Mr.S.R.Suresh Kumar, Advocate for the respondent, appellants and respondent appeared in person having settled their disputes and entered into compromise between themselves and their advocates having filed a memo of compromise duly signed by the Appellants and respondent as well as their Advocates and upon perusing the grounds of appeal as well as the judgment and decree of the courts below and the records relating to the case, memo of compromise dated 29.11.2021 the original of which are appended herewith, this court while recording the said memo of compromise, and disposing the Second Appeal doth order and decree as follows :-

1. That the appellants/defendants and the respondent/plaintiff shall exchange their properties to enjoy separately, which are situated now and then. The share in the well, electricity connection, motor, wari and channel belongs to the appellants/defendants shall be settled to the respondent/plaintiff and receive a sum of Rs.2,00,000/- for the above share and shall execute a document in favour of the respondents/Plaintiff and register the same.

2. Properties allotted to the appellants/defendants. The properties belongs to the respondent/plaintiff shall be allotted to the Appellants/Respondents/Defendants. 1/3

1. Dindigul District, Oddanchatram Taluk, I.Vadipatty Village Survey No. 11/6 punsei out of Acre 2 Cent 10 (Northern) side of Thangavel land, (Eastern) side of Thirumathal land, (Southern) side of Stream, (Western) side of Mallappa Muthaliyar within the above four boundaries Acre 1 Cent 05 of agricultural land.

2. Share in the 18 links width common track situated Northern edge of the Survey No. 11/6 of the above village.

3. Rs.2,00,000/- (Two Lakhs) shall be settled for the share in the well, electricity connection, motor, wari and channel.

3. Properties allotted to the Respondent/Plaintiff. The under mentioned properties of the First Appellant/First Defendant having title through the settlement deed dated 25.06.1991 and in patta No. 749 of I.Vadipatty Village shall be handed over to the Respondent/Plaintiff.

1. Dindigul District, Oddanchatram Taluk, I.Vadipatty Village Survey No. 11/3 punsei Acre 0 Cent 01, Survey No. 17/3C Acre 0 Cent 26, Survey No. 17/4 out of Acre 1 Cent 06 Acre 0 Cent 16, Survey No. 17/3A out of Acre 1 Cent 96 Acre 0- Cent 35 totally Acre 0 Cent 78 of agricultural land situated within the four boundaries of (Northern) side of Stream, (Eastern) side of Chellammal's land, (Southern) side of Chellappagoundar's land, (Western) side of Sadaiyappagoundar's land within the above four boundaries Acre 0 Cents 78 of lands.

2. The entire share of the First Appellant/First Defendant of the properties in Survey Nos. 17/3A4, 17/A7, 17/3C1, 17/4B in Patta No. 749 of I.Vadipatty Village, Oddanchatram Taluk in Dindigul District.

3. 2/5 share in the well, thulai, tank, vari and Channel and the 5HP electric motor pump set fitted in the well, electricity connection of the well in Survey No. 17/3A of the above village.

4. Share in the 18 links width Common track found from EastWest stream running as south-north in the western edge of the Survey No. 17/3A and entering through the land belongs to Thirumathal with 9 links width till the southern side stream. 5.That there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

1) The Subordinate Judge, Palani

2) The District Munsif, Ottanchathiram.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.D.Venkatesh, Advocate ( SR-37231 dated 30/11/2021) +1 CC to M/s.S.R.Sureshkumar, Advocate (SR-36946 dated 2/12/2021) ORDER DATED : 01/12/2021 ========================== COMPROMISE DECREE ========================== SA. No.591 of 2011 Nature of Decree:- Disposing the Second Appeal preferred against the judgment and decree of the Additional Sub Court, Palani made in A.S. No.21 of 2010 dated 05.01.2011 reversing the Judgement and Decree of the District Munsif, Ottanchthiram dated 28.10.2009 made in O.S. No.99 of 2008 etc., as stated within.

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