← Library
Madras High CourtSA(MD)/668/2022disposed of

Ramasamy v. Kandasamy

2024-03-19Honourable Mrs Justice S.Srimathy4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)Nos.9597 and 9599 of 2022 1.Ramasamy 2.Saroja 3.Kodiarasi 4.Selvaarasi 5.Revathi 6.Vimalarani 7.Sivagami 8.Muthukutti 9.Ponselvan ... Appellants /Vs./ Kandasamy

...Respondent

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 31.03.2022 passed in the Appeal in A.S.No.59 of 2021 on the file of the Principal District Court, Tirunelveli, reversing the Judgment and Decree, dated 30.03.2021, passed in the suit in O.S.No.199 of 2013 on the file of the Subordinate Court, Valliyur. For Appellants : Mr.V.Sasikumar For Respondent : Mr.D.Nallathambi 1/4

JUDGMENT

The plaintiff is the respondent herein. The suit was preferred for declaration injunction and the same was dismissed. Aggrieved over the same, the plaintiff preferred an appeal and in the appeal, the judgment was reversed. Aggrieved over the same, the defendants have preferred this second appeal. 2.Pending second appeal, the parties have settled the issue among themselves and filed a joint compromise memo to this effect. The parties and the respective Counsels have signed in the joint compromise memo. In the said joint compromise memo, the parties have agreed to share the suit property in the ratio of 50:50. The joint compromise memo shall form part and parcel of the judgment and decree.

3.Hence, the second appeal is disposed of based on the joint compromise memo. No costs. Consequently, connected miscellaneous petitions are closed. As and when the judgment and decree is ready, Registry is directed to send the Vernacular Records back within a period of two weeks therefrom. 19.03.2024 Index : Yes / No NCC : Yes / No Tmg 2/4

To:

1. Principal District Court, Tirunelveli.

2. Subordinate Court, Valliyur.

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

3/4

S.SRIMATHY, J.

Tmg Judgment made in S.A.(MD)No.668 of 2022 Dated:

19.03.2024 4/4