← Library
Madras High CourtSA(MD)/260/2019disposed of

K.Maira John Bosco v. K.Paul Stephen

2024-08-27Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.8329 of 2024 K.Maria John Bosco ... Appellant/Respondent/ Plaintiff Vs.

K.Paul Stephen ... Respondent/Appellant/ Defendant PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 18.12.2018 passed by the First Additional Subordinate Judge, Nagercoil made in A.S.No.57 of 2017, modifying the judgment and decree, dated 08.03.2017 passed by the Principal District Munsif, Nagercoil made in O.S.No.101 of 2014 and allow the Second Appeal.

For Appellant : Mr.P.Prabhakaran For Respondent : Mr.R.Murugan

JUDGMENT

The appellant filed this appeal to set aside the judgment and decree, dated 18.12.2018 passed by the First Additional Subordinate Judge, Nagercoil made in A.S.No.57 of 2017, by modifying the judgment and 1/4

decree, dated 08.03.2017 passed by the Principal District Munsif, Nagercoil made in O.S.No.101 of 2014.

2. When the matter is taken up for hearing today (27.08.2024), the appellant as well as the respondent are present before this Court and they are identified by their respective counsel. The identity proof of the parties is also verified. Both parties have filed a Joint Compromise Memo, dated 21.06.2024, in C.M.P(MD)No.8329 of 2024, which was signed by the appellant and respondent. The terms of the Joint Compromise Memo were read over and explained to both parties in the presence of their counsel and both parties have agreed for the terms of the compromise. The said Joint Compromise Memo is recorded.

3. Hence, this Second Appeal is disposed of as per the terms of Joint Compromise Memo. The Joint Compromise Memo shall form part of the decree. No costs. Consequently, the connected Miscellaneous Petition is closed.

27.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No VSD 2/4

To 1.The First Additional Subordinate Judge, Nagercoil.

2.The Principal District Munsif, Nagercoil.

3.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

3/4

P.VADAMALAI, J.

VSD and C.M.P(MD)No.8329 of 2024 27.08.2024 4/4