Madras High CourtSA(MD)/68/2019disposed of

Latha, v. Srimathi,

2023-10-13Honourable Mrs Justice S.Srimathy8 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.2142 of 2019

1. Latha

2. Chandra Kala

3. Narayanaperumal ... Appellants /Vs./ Srimathi

...Respondent

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed by the Principal Subordinate Court, Nagercoil, dated 30.10.2018 made in A.S.No.71 of 2017, confirming the Judgment and Decree passed by the Additional District Munsif Court, Nagercoil, made in O.S.No.490 of 2010 dated 24.03.2017 and allow the Second Appeal.

For Appellants : Mr.D.Srinivasaragavan For Respondent : Mr.D.Pragalathan 1/8

JUDGMENT

This Second appeal has been filed against the Judgment and Decree passed by the Principal Subordinate Court, Nagercoil, dated 30.10.2018 made in A.S.No.71 of 2017, confirming the Judgment and Decree passed by the Additional District Munsif Court, Nagercoil, made in O.S.No.490 of 2010, dated 24.03.2017

2. Heard Mr.D.Srinivasaragavan, the Learned Counsel appearing for the Appellants and Mr.D.Pragalathan, the Learned Counsel appearing for the Respondent and perused the material documents available on record.

3. For the sake of convenience, the contesting parties shall be referred to as Plaintiff and Defendants. The Defendants are the appellants and the plaintiff is the Respondent herein.

4. The Plaintiff has filed a suit in O.S.No.490 of 2010 before the Learned Additional District Munsif Court, Nagercoil to pass 2/8

Decree directing the defendants to vacate the Plaint schedule property and surrender vacant possession to the Plaintiff and the suit was decreed in favour of the Plaintiff on 24.03.2017. Against the said Judgment and Decree, the Defendants have preferred an appeal in A.S.No.71 of 2017 before the Principal Subordinate Court, Nagercoil and the said appeal suit was decreed in favour of the Plaintiff. This Second Appeal is filed against the concurrent findings given by the Courts below.

5. Pending Second appeal the matter was referred to the Mediation and Conciliation Centre attached to this Court. The matter was settled amicably between the parties and the Statement of Agreement was produced before this Court. The Statement of Agreement is reproduced hereunder:

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6. Hence, the Second Appeal is disposed of in terms of the Statement of Agreement. The suit shall be decreed as per the Statement of Agreement. The Statement of Agreement, dated 12.10.2023 shall form part and parcel of this Judgment. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 13.10.2023 Index : Yes / No NCC : Yes / No ksa TO:

1. The Principal Subordinate Court, Nagercoil.

2. The Additional District Munsif Court, Nagercoil.

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

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S.SRIMATHY, J.

ksa Judgment made in S.A.(MD)No.68 of 2019 13.10.2023 8/8