Sreedharan v. Krishna Kumar

SA(MD). No.722 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of September Two Thousand and Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU SA(MD). No.722 of 2012 1.SREEDHARAN 2.SARASWATHI ... Appellants/Appellants/Plaintiffs Vs KRISHNA KUMAR ... Respondent/Respondent/Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 30.03.2012, made in Appeal Suit No.45 of 2006 on the file of the District Court, Kanyakumari at Nagercoil, confirming the judgment and decree dated 23.08.2006 made in Original Suit No. 165 of 2005 on the file of the II Additional Sub Court, Nagercoil.

Decree:- This Second Appeal coming upon for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees 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.V.M.BALAMOHAN THAMBI, Advocate for the Appellants and of MR.R.MURUGAN, Advocate for the respondent and considering the settlement agreement of the Kanyakumari District Mediation and Conciliation Centre, Kanyakumari District Court at Nagercoil in D.No. 1745/2019, dated 28.08.2019 filed in SA(MD).No.722/2012 signed by both the parties and their Lower Court counsels, the original of which are appended and annexed herewith and while recording the said agreement and disposing of this Appeal, this Court doth order and decree as follows:-

(1) That in view of the settlement agreement dated 26.08.2019, both parties agreed to settle their dispute amicably before Mediation;

(2) That the Respondent herein agreed to take care of his parents till their death;

(3) That the Respondent herein agreed to allow his parents to reside in his house till their end;

https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.722 of 2012

(4) That the appellants have no right to alter the house during their lifetime and the respondent also agreed that he will not alter, rental or sell the house during their lifetime; and

(5) That there be no costs in this Appeal.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) Enclose:1. Xerox Copy of the Settlement agreement annexed with the Kanniyakumari District Mediation and Conciliation Centre, Kanniyakumari District at Nagercoil.

2. Xerox Copy of the Schedule of Property.

To

1. The District Judge, Kanyakumari at Nagercoil.

2. The II Additional Sub Judge, Nagercoil.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2) +1 CC to M/s.R.MURUGAN, Advocate SR-88088.

+1 CC to M/s.V.M.BALAMOHAN THAMBI, Advocate SR-88294. ORDER DATED : 20/09/2019 ========================== DECREE ========================== SA(MD). No.722 of 2012 Nature of Decree:-Disposing the Second Appeal preferred against the judgment and decree dated 30.03.2012, made in Appeal Suit No.45 of 2006 on the file of the District Court, Kanyakumari at Nagercoil, confirming the judgment and decree dated 23.08.2006 made in Original Suit No. 165 of 2005 on the file of the II Additional Sub Court, Nagercoil and etc., as stated within.

CS(31.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2