Madras High CourtSA(MD)/601/2011disposed of

Mariammal (Died) v. Chellathurai (Died)

2021-08-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty Sixth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.601 of 2011 MARIAMMAL(DIED) 1.VASANTHA 2.MUTHUPANDIAN 3.SANTHI 4.MADASAMY 5.GOPALAKRISHNAN 6.MANJULA ... Appellant 1-6/Respondent 1-7/ Defendants1-7 Vs CHELLATHURAI (DIED)

1. MUTHULAKSHMI (died)

2. MADASAMY

3. MANJULA

4. MANTHIRAM

5. SELVAKUMAR ... Respondents 1-5/ Appellant 1-6/ Plaintiffs 1-6 (vide order dated.26.08.2021., the fifth respondent was suo motu declared as major and discharged from the guardianship of his mother, first respondent) Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Subordinate Judge,Kovilpatti , dated 04.03.2011. made in Appeal Suit No.23 of 2010.partly reversing the judgment and decree of the court of the District Munsif, Kovilpatti made in Original Suit No. 28 of 2008. dated 17.12.2009.

DECREE:- This Second Appeal having came up for final hearing on this date, in the presence of M.MUTHUGEETHAYAN, Advocate for the Appeallants and of A.KUTTIJEGAN, Advocate for the respondents,and the Appellants and respondents herein having filed a joint compromise memo dated.2.05.2021, duly signed by both the parties as well as by their Advocates ,and upon perusing the grounds of Appeal as well as the judgement and decree of the courts below and the records relating to the case ,this court while recording the said memo of compromise ,and disposing the S.A.No.601/2011 in terms of the Joint Compromise memo doth order and decree as follows:-

1. That the judgment and decree passed by the trial court be and hereby is setaside, "(1) That in respect of the lands situated at Kayathar Village and Taluk,Thoothukudi District in S.Nos. 200/4, 200/5 to an extent of 7 Acres amd 83 cents which were equally divided , in which, 3 Acres and 85.5 Cents running western side of the lands shall be taken by Appellants'family and 3 Acres and 85.5 Cents running eastern side of the lands shall be taken by the Respondent's family.

(2) That in S.No.200/5 , running eastern side of 10 Cents, there is a well , which shall be commonly enjoyed by both the Appellants and Respondents and

(3) that the land proceeding from Well till the Appellants' land, a pathway in the middle portion of the Respondents' land , a 20 feet south-north breadth towards 15 meter east-west road shall be enjoyed by the Appellants, and

2. That there be no costs in this Second Appeal.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Subordinate Judge, Kovilpatti 2.The District Munsif, Kovilpatti Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.D.SRINIVASARAGAVAN, Advocate(SR-27470 dated 26/08/2021 ) ORDER DATED : 26/08/2021 ========================== DECREE ========================== SA(MD). No.601 of 2011 Nature of Decree:- Disposing the Second Appeal in terms of the joined compromise memo, preferred against the judgment and decree of the Subordinate Judge, Kovilpatti dated 04.03.2011. made in Appeal Suit No.23 of 2010. partly reversing the judgment and decree of the court of the District Munsif, Kovilpatti made in Original Suit No. 28 of 2008. dated 17.12.2009.

etc., as stated within.

RK/SKN(18/11/2021) 4P 6C