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Madras High CourtSA(MD)/54/2013disposed of

Thangavel v. Nachimuthu Gounder(Died)

2022-03-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN THANGAVEL ...Appellant/Appellant/Plaintiff Vs

1. Nachimuthu Gounder (Died) (Memo in USR 2859 was recorded as R-1 died vide Order dated 10.07.2019)

2. N.Sakthivel (Memo was recorded as R-2 who was already on record, was recorded as LR. of the deceased R-1 vide order dated 20.08.019)

3. The State of Tamil Nadu, Rep. by the District Collector, Karur District, Karur.

4. The District Revenue Officer, Karur District, Karur.

5. The Revenue Divisional Officer, R.D.O.Office, Karur.

6. The Tahsildar, Aravakurichi Taluk, Taluk Office, Aravakurichi.

7. The Village Administrative Officer, Nedungoor Village, K.Paramathi Village, Karur District.

8. Ammaiyappan

9. S.Soundararajan ... Respondents/Respondents 2 to 10/Defendants 2 to 10 1/3

Prayer:- Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree of the Additional Subordinate Judge, Karur dated 24.02.2012 made in Appeal Suit No.126 of 2010, confirming the Judgment and Decree of the Principal District Munsif Court, Karur made in Original Suit No.887 of 2005 dated 26.08.2010. DECREE:- This Second Appeal coming on for hearing on this day, 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.I.VELPRADEEP, Advocate for the Appellant and of Mr.K.GOVINDARAJAN, Advocate for the 2nd Respondent and of Mr.N.MUTHUVIJAYAN, Special Government Pleader for Respondents 3 to 7 and the Respondents 8 & 9 not appeared either in person or by an advocate, the parties herein having filed a memo of compromise voluntarily signed by both the parties as well as by their Advocates filed on 09.03.2022 and this Court while recording the compromise memo, doth order and decree as follows:-

(1) That, since the 2nd respondent herein/Sakthivel and 3rd respondent herein/Ammaiyappan executed a registered sale deed dated 16.02.2022 vide Document No.454,489,490 and 491 on the file of Sub Registrar, Chinnatharapuram, Karur District and sold the entire suit schedule properties mentioned in the above Second Appeal in favour of the Appellant's wife T.Muthulakshmi the paties be and are hereby decided to not to press the Second Appeal and the same is disposed of in terms of the joint compromise Memo dated 16.02.2022

(2) That, there be no costs in this Second Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1) The Additional Subordinate Judge, Karur.

2) The Principal District Munsif, Karur 2/3

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-11321[F] dated 10/03/2022 ) +3 CC to M/s.I. VELPRADEEP, Advocate ( SR-10815[F] dated 09/03/2022 ) +1 CC to M/s.SPL GP ( SR-11171[F] dated 10/03/2022 ) ORDER DATED : 09/03/2022 ========================== DECREE ========================== Nature of Decree:- Disposing the Second Appeal preferred against the judgment and decree of the Additional Subordinate Judge, Karur dated 24.02.2012 made in Appeal Suit No.126 of 2010, confirming the Judgment and Decree of the Court of the Principal District Munsif Court, Karur made in Original Suit No.887 of 2005 dated 26.08.2010 and etc., as stated within.

KB(13.04.2022) 3P 10C 3/3