Madras High CourtSA(MD)/704/2020disposed of

Pitchayapillai, v. Sastha Kovil,

2021-03-23Honourable Mr Justice R. Subramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Twenty Third day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN PITCHAYAPILLAI,, S/o. Late. Paramasivanpillai Door No.432,(Old No.1D) Muppudathi Amman Kovil Street , Tenkasi Kaspa ... Appellant/Appellant / Petitioner .Vs.

SASTHA KOVIL, Tenkasi Muppudathi Amman Kovil Street, Tenkasi Town, through its Manager, Hariharasubramanian, S/o.V.Lakshmanan,, Breeze Flat, A 4/4, Thiruvanmiyur J.

Respondent / Respondent / Respondent Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dt.07.01.2020 passed in A.S.14 of 2016, on the file of the Additional Sub Court, Tenkasi reversing the Judgment and Decree dated 16.10.2015 passed in T.C.T.O.P. No.1 of 2012, on the file of the Additional District Munsif, Tenkasi. DECREE: This Second Appeal came up for hearing on this day, in the presence of Mr.M.P.SENTHIL, Advocate for Appellant and Mr.R.

MUKUNDAN, Advocate for respondent, appellant and respondent appeared in person herein having settled their disputes and entered into compromise between themselves and their Advocates having filed a Memo of Compromise duly signed by the Appellant and respondent as well as their Advocates and upon perusing the grounds of appeal as well as the judgment and decree of the courts below and the records relating to the case, Memo of Compromise dated 18.03.

(1) That the Appellant agrees to vacate and handover vacant possession of the Schedule B property to the Plaint to the Respondent in as is where is basis on or before 31st May 2021, without any damage to the structure of the gate. 1/3

(2) At the time of vacating and handing over the Schedule B Property, the Respondent agrees to pay Rs.3,00,000/- (Rupees Three Lakhs only) by bank transfer to the Appellant as compensation.

(3) The Appellant shall have no further or any claim over the Schedule B property.

(4) In case the Appellant fails to vacate and hand over possession of the Schedule B property on or before 31.05.2021, the Respondent shall not be liable to pay the compensation and shall be entitled to enforce the terms of this decree of this Hon'ble Court to obtain possession of the Suit Schedule B property; and

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

Schedule of Property Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Encl.: xerox copy of Compromise Memo To

1) The Additional Subordinate Judge, Tenkasi

2) The Additional District Munsif, Tenkasi 2/3

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.V.KARTHIKEYAN, Advocate ( SR-13140 dated 23/03/2021 ) +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-13234 dated 24/03/2021 ) ORDER DATED : 23/03/2021 ========================== COMPROMISE DECREE ========================== SA. No.704 of 2020 Nature of Decree:- Disposing the Second Appeal preferred against the judgment and decree of the Additional Sub Court, Tenkasi made in A.S. No.14 dated 07.01.2020 reversing the Judgement and Decree of the Additional District Munsif, Tenkasi dated 16.10.2015 made in T.C.T.O.P. No.1 of 2012 etc., as stated within.

KMK(CO) TR(21.05.2021) 3P 7C 3/3