Seyad Ibrahim (Died) 1.S.Hallaj v. R. Kandasamy
THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No.13055 of 2023 Seyad Ibrahim (Died)
1. S.Hallaj
2. S.Shiku Nehu
3. S. Sulthan Beer Mohaideen
4. S.Iman Kasim Beevi
5. S.Abdul Olikader ... Appellants /Vs./
1. R. Kandasamy
2. R. Sankar
3. Ramasubbiah
...Respondents
P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree, dated 05.01.2023 in A.S.No.96 of 2018 on the file of the Sub Court, Thoothukudi, confirming the Judgment and Decree, dated 06.12.2017 in O.S.No.151 of 2012 on the file of the Principal District Munsif Court, Thoothukudi. 1/8
For Appellants : Mr.R.Pon Karthikeyan For Respondents : Mr.A.Mohan, for R-1 R-2 & R-3 - Given up
JUDGMENT
This Second Appeal is filed to set aside Judgment and Decree, dated 05.01.2023 in A.S.No.96 of 2018 on the file of the Sub Court, Thoothukudi, confirming the Judgment and Decree, dated 06.12.2017 in O.S.No.151 of 2012 on the file of the Principal District Munsif Court, Thoothukudi.
2. The suit in O.S.No.151 of 2012 was filed by the plaintiffs for declaration, declaring that the sale deed, dated 22.02.2002 executed by the 1st defendant through his power agent 2nd defendant in favour of the 3rd defendant under document No.349 of 2002 is null and void and to pass an order of permanent injunction in favour of the plaintiff, restraining the defendants 1 to 3 and their men and agents from interfering with the plaintiff's and his men and agents possession and enjoyment over the schedule of property in manner. The said suit was dismissed, against which the plaintiffs have preferred an appeal in 2/8
A.S.No.96 of 2018 and the appeal was also dismissed. Aggrieved over the same, the present Second Appeal is filed.
3. A joint compromise memo, dated 01.11.2023 has been filed. In the said compromise memo, all the parties to the second appeal have signed, which have also been countersigned by the respective counsels. The said Joint Compromise memo is extracted hereunder: 3/8
4/8
5/8
6/8
4. Accordingly, the instant second appeal is disposed of in terms of the joint memo of compromise. The suit shall be decreed as per the Joint Compromise memo. The joint memorandum of compromise, dated 01.11.2023 shall form part and parcel of this Judgment and Decree. There shall be no order as to costs.
12.02.2024 Index : Yes / No NCC : Yes / No KSA 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.
7/8
S.SRIMATHY, J.
KSA Judgment made in S.A.(MD)No.551 of 2023 Dated:
12.02.2024 8/8