Vellathai v. Gopalakrishnan

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 07.03.2025

CORAM

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN 1.Vellathai Aadhidurai 3.Aadhinarayanan 4.Pethanatchi 5.Minor Milagukani 6.Vijaya Dharshan ... Appellants (Appellants 5 & 6 are minors represented through their mother/4th appellant herein) (appellants 4 to 6 are brought on record as Lrs of the deceased 2nd appellant vide Court order dated 22.08.2024 made in C.M.P.(MD).No.10150 of 2024 in S.A.(MD).No.14 of 2022) Vs 1.Gopalakrishnan 2.Poomani Sudarsanam (died) 3.Aravind Thangam 4.Brindha ... Respondents 1/7

PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 29.08.2019, passed in A.S.No.39 of 2015 on the file of the learned Sub Court, Thoothukudi, confirming the judgment and decree dated 02.02.2015, passed in O.S.No.528 of 2010, by the learned Principal District Munsif Court, Thoothukudi. For Appellant :Mr.S.CHandrasekaran For Respondents :Mr.V.Shathurthi Raja (for R1 & R2) Mr.S.Kadarkarai (for R3 & R4)

JUDGMENT

The plaintiffs in O.S.No.528 of 2010 filed this second appeal against the judgment and decree dated 29.08.2019, passed in A.S.No.39 of 2015 on the file of the learned Sub Court, Thoothukudi, confirming the judgment and decree dated 02.02.2015, passed in O.S.No.528 of 2010, by the learned Principal District Munsif Court, Thoothukudi. 2.The plaintiffs filed a suit in O.S.No.528 of 2010, seeking declaration and injunction and the same was dismissed by the learned Principal District Munsif Court, Thoothukudi. Against which, the plaintiffs filed a first appeal in A.S.No.39 of 2015 and the same was also dismissed. Challenging the same, the plaintiffs filed the present second appeal before this Court.

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3.Pending the second appeal, both the parties are ready to compromise the matter between them.

4.Today (07.03.2025), when the matter is taken up for hearing, both counsel on record would submit that they have already filed terms of compromise, which is extracted here under :- 3/7

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5.As per the terms of compromise, even though suit scheduled property in S.No.447 having an extent of 79 cents, as on today only 59 cents is available. Among 59 cents, the defendants 1 and 2 in O.S.No.528 of 2010 jointly agreed to receive 29 cents. The remaining parties jointly agreed to receive 30 cents of the suit schduled property. All the parties are present before this Court and their identity has also been verified and 5/7

they are also affirmed the statement made in the terms of compromise. The terms of compromise filed by both the parties is recorded. 6.Accordingly, this second appeal stands disposed of in terms of the compromise dated 06.03.2025. The terms of compromise shall form part and parcel of this order. Registry is directed to prepare the decree in terms of compromise. There shall be no order as to costs. 07.03.2025 vsg NCC : Yes / No Index : Yes / No Internet : Yes / No Note:Issue Order Copy on 28.03.2025.

To 1.The Sub Court, Thoothukudi.

2.The Principal District Munsif Court, Thoothukudi.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 6/7

K.K.RAMAKRISHNAN , J.

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