Palaniyammal v. Amthul Jabeen

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.4191 of 2022 1.Palaniyammal 2.Divya 3.Dinesh ... Appellants /Vs./ Amthul Jabeen

...Respondent

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the decree and judgment, dated 11.01.2022, rendered in A.S.No.39 of 2021 on the file of the Principal District Judge, Ramanathapuram, confirming the decree, dated 11.03.2021, rendered in O.S.No.36 of 2015, on the file of the Subordinate Judge, Ramanathapuram.

For Appellants : Mr.A.Kannan For Respondent : Mr.J.M.Hassanul Bazari 1/8

JUDGMENT

The suit was filed for declaration and recovery of possession and the suit was allowed. Aggrieved over the same, the defendants preferred an appeal and the same was dismissed against which the present second appeal is preferred.

2. Pending second appeal, the parties have entered into compromise and have submitted a joint compromise memo before this Court. Therefore, this Court is recording the joint compromise memo. The joint compromise memo is extracted hereunder: 2/8

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3. Hence, the second appeal is disposed of as per the terms of joint compromise memo. The appellants have already handed over the possession and keys to the respondent. The joint compromise memo shall form part and parcel of the judgment.

4. Since the second appeal had ended in compromise, the appellants are entitled to return of court fees.

5. Therefore, the second appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15.02.2024 Index : Yes / No NCC : Yes / No Tmg 6/8

TO:

1. Principal District Judge, Ramanathapuram.

2. Subordinate Judge, Ramanathapuram.

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

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S.SRIMATHY, J.

Tmg Judgment made in S.A.(MD)No.357 of 2022 Dated:

15.02.2024 8/8