Madras High CourtSA(MD)/494/2012disposed of in memo of compromise

M.Lakshmanan v. C.Ramasamy

2019-08-28Honourable Mrs Justice R. Tharani2 pages

SA(MD). No.494 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Twenty Eighth day of August Two Thousand and Nineteen PRESENT The Hon'ble Mrs.Justice R.THARANI SA(MD). No.494 of 2012 M.LAKSHMANAN ...Appellant/Respondent/Defendant Vs 1 C.RAMASAMY 2 R.INDIRA ...Respondents/Appellants/Plaintiffs Prayer :- Second Appeal is filed under section 100 of Civil Procedure Code, praying this Hon'ble Court against the judgment and decree dated 31.10.2015 made in A.S.No.19 of 2005 on the file the learned Subordinate Judge, Devakottai, confirming the judgment and decree dated 24.01.2005 made in O.S.No.127 of 2004 on the file of the learned District Munsif, Devakottai.

Decree:

Second Appeal is coming on for hearing on this day upon perusing the Petition and upon hearing the arguments of Mr.D.Venkatesh, Advocate appearing for the Appellant and of Mr.C.Ezhilarasu, Advocate appearing for the respondent and considering the Joint Compromise Memo dated 20.08.2019 filed in SA (MD) No.494 of 2012 by both the parties and their respective counsels, this Court while disposing in terms of the above said Joint Memo, doth order and decree as follows:-

1. That, the respondents filed a suit for permanent injunction with regard to the suit schedule properties against the appellant. Now, both the appellant and the respondents agreed to settle the case amicabley before the Mediators of their village;

2. That as per the terms of settlement, the appellant agreed to get 6 items of properties out of 20 items of properties found in A schedule. The appellant also agreed that he won't claim any right over the properties of his natural family;

3. That the apart from the suit schedule properties two (S.No.134/10B, 132/5B) more properties also allotted to the appellant. All the remaining schedule of properties and other https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.494 of 2012 properties belongs to the natural family which is not included in the present suit are absolutely belongs to the respondents and the appellant has no right whatsoever i those properties.

4. That there be no costs in this Second Appeal. *Schedule of properties vide separate sheet Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) TO 1 The Subordinate Judge, Devakottai 2 The District Munsif, Devakottai Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai (+2copies) +2 CC to Mr.C.EZHIL LARASU, Advocate SR-83920 +1 CC to Mr.D.VENKATESH, Advocate SR-84254 ORDER DATED : 28/08/2019 ========================== JOINT COMPROMISE DECREE ========================== SA(MD). No.494 of 2012 NATURE OF DECREE:

JOINT COMPROMISE DECREE etc., as stated within JMN(21.11.2019) 2P : 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2