← Library
Madras High CourtSA(MD)/70/2012disposed of

Thilagavathy, (Died) v. M.Thangavel

2025-01-28Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.Thilagavathy (Died) 2.G.N.Ravi Sankar 3.M.Lalithadevi 4.B.Vijayarani 5.G.N.Gopal Rethinam ... Appellants (Appellants 2 to 5 are brought on record as LRs of deceased sole appellant, vide Court order, dated 14.03.2017, made in CMP(MD)No.7049 of 2016 in SA(MD)No.70 of 2012) /Vs./ 1.M.Thangavel 2.Kamal Batcha 3.Abdul Lathif

...Respondents

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 31.03.2011, made in A.S.No.34 of 2010 on the file of the Sub Court, Pudukkottai, partly reversing the Judgment and Decree, dated 18.03.2010, made in O.S.No.86 of 2005 on the file of the District Munsif Cum Judicial Magistrate, Orathanadu.

1/4

A1 : Died For A2, A3 and A5 : Mr.N.Balakrishnan For A4 : Mr.B.Anandan For Respondents : Mr.Ponkarthikeyan *****

JUDGMENT

The present second appeal is preferred by the plaintiff against the judgment and decree, dated 31.03.2011, made in A.S.No.34 of 2010 on the file of the Sub Court, Pudukkottai, partly reversing the judgment and decree, dated 18.03.2010, made in O.S.No.86 of 2005 on the file of the District Munsif Cum Judicial Magistrate, Orathanadu.

2.The plaintiff in the suit is the deceased 1st appellant herein and the defendants in the suit are the respondents herein. The legal heirs of the deceased 1st appellant herein / plaintiff are impleaded as appellants 2 to 5 herein. 3.Pending second appeal, the parties have entered into a compromise and they have filed a joint compromise memo, dated 28.01.2025. The said joint compromise memo is recorded. The joint compromise memo shall form part and 2/4

parcel of the judgment and decree. If there is any difficulty in implementing the terms of the joint compromise memo, the parties are at liberty to approach this Court.

4.Based on the terms of the joint compromise memo, the second appeal is disposed of. No costs.

28.01.2025 Index : Yes / No NCC : Yes / No Tmg TO:

1. Sub Court, Pudukkottai.

2. District Munsif Cum Judicial Magistrate, Orathanadu.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

3/4

S.SRIMATHY, J.

Tmg Judgment made in S.A.(MD)No.70 of 2012 Dated:

28.01.2025 4/4