S.Gandhimathi, v. Solaiappan(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Twenty Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD)No.430 of 2013 S.GANDHIMATHI ...Appellant/Respondent/Defendant Vs 1.SOLAIAPPAN(DIED) ... Respondent/Appellant/Plaintiff 2.ARUKANI AMMAL, ... Respondent/Appellant/Plaintiff 3.P.S.MUTHUKANNU, 4.S.MALLIKA, 5.P.S.RAMESH KUMAR, ... Respondents (Respondents 3 to 5 are brought on records as Lrs of the deceased R1 vide order dated 21.04.2022 made in CMP(MD)No.3099 of 2022) Prayer :- Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the decree and judgment in A.S.No.111 of 2011 dated 31.10.2012 on the file of the Subordinate Judge, Karur, reversing the decree and judgment in O.S.No.586 of 2008, dated 22.07.

2011 on the file of the Additional District Munsif, Karur, by allowing the instant second appeal. Decree:- This Second Appeal coming on for hearing on this day, upon perusing the Grounds of the Appeal, the Judgment and Decree of the Lower Appellate Court and the Court of First Instance and the material papers in the suit and upon hearing the arguments of Mr.Raghuvaran Gopalan, Advocate for Mr.K.Prabhakar, Advocate for the Appellant and Mr.V.

Balaji, Advocate for the 2nd & 5th Respondents,and the parties having settled their differences between themselves, and the Appellant as well as the respondents having filed the joint compromise memo dated 25/04/2022, before this Court signed by both parties and counsels, while recording the said Joint Compromise memo and the original which is annexed herewith, this court doth order and decree as follows;- 1)that both the parties shall abide by the Judgment and decree dated 22.07.2011 in OS.

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2)that the Second Appeal is disposed of in terms of Joint Compromise Memo filed herein; and 3)that there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Subordinate Judge, Karur.

2.The Additional District Munsif, Karur.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai(2 copies) + 3 CC to M/s.K.PRABHAKAR, Advocate, SR.No.21411 + 1 CC to M/s.V.BALAJI, Advocate, SR.No.21431 ORDER DATED : 26/04/2022 ========================== DECREE ========================== SA(MD)No.430 of 2013 Nature of Decree:- Disposing of the Second Appeal preferred against judgment and decree passed in A.S.No.111 of 2011 dated 31.10.2012 on the file of the Sub Court, Karur reversing the Judgment and Decree passed in O.S.No.586 of 2008 dated 22.07.2011 on the file of the Additional District Munsif Court, Karur, etc. as stated within.

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