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Madras High CourtSA(MD)/65/2024disposed of

Madasamy Konar v. Yacobu Rajan

2024-03-25Honourable Mrs Justice S.Srimathy4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)Nos.1436 & 1438 of 2024 Madasamy Konar ... appellant/plaintiff/appellant/plaintiff/Plaintiff /Vs./ Yacobu Rajan ... Respondent/Respondent/Defendant P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree of the lower Appellate Court dated 14.09.2023 passed in A.S.No.386 of 2017 on the file of the Subordinate Court, Thiruchendur, confirming the Judgment and Decree of the trial Court, dated 05.10.2015 passed in O.S.No.124 of 2011 on the file of the District Munsif Court, Thiruchendur. 1/4

For appellant/plaintiff : Mr.M.Saravanan For Respondent : Mr.M.P.Senthil *****

JUDGMENT

The appellant/plaintiff herein had filed a suit against the respondent herein for declaration and permanent injunction and the same was dismissed. Aggrieved over the same, the appellant/plaintiff has preferred appeal suit and the same was also dismissed. Aggrieved over the same, the present second appeal has been filed.

2. Pending second appeal, the parties have entered into compromise and a Joint Compromise Memo is signed and submitted before this Court. In the Joint Compromise Memo, the parties have agreed that the suit 2nd schedule lane marked as "C D K J" in the plan annexed thereto is a 'common lane' and the same shall be used as common pathway. The parties also annexed a rough sketch along with 2/4

the Joint Compromise Memo. The Joint Compromise Memo and the sketch annexed thereto shall form part and parcel of this judgment.

3. Accordingly, this Second Appeal is disposed of in terms of Joint Compromise Memo. No costs. Consequently, connected miscellaneous petitions are closed.

25.03.2024 Index : Yes / No NCC : Yes / No jbr TO:

1.The Subordinate Court, Thiruchendur.

2.The District Munsif Court, Thiruchendur.

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

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S.SRIMATHY, J.

jbr Judgment made in S.A.(MD)No.65 of 2024 Dated:

25.03.2024 4/4