Madras High CourtSA(MD)/834/2022disposed of

A. Rajendran, v. K. Manohari,

2023-08-01Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.12962 of 2022 A.Rajendran ... Appellant Vs.

1.K.Manohari 2.P.Rajakumarai (Died) 3.Shenbagavalli @ Shenbagam 4.Ranjitham 5.A.Balasubramanian 6.Periyasamy 7.Esakkiammal 8.Petchimuthu

...Respondents

(Respondents 6 to 8 are brought on record as LRs of the deceased 2nd respondent vide Court order dated 21.02.2023 made in C.M.P(MD)Nos.1932 and 1933 of 2023 in S.A(MD)No.834 of 2022) PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 14.03.2022 made in A.S.No. 42 of 2016 on the file of the Additional District and Sessions Judge (FTC), 1/4

Tenkasi by confirming the judgment and decree dated 01.04.2016 made in O.S.No.90 of 2007 on the file of the Additional Subordinate Court, Tenkasi and allow the Second Appeal.

For Appellant : Mr.R.Devaraj For Respondents : Mr.K.P.Narayanakumar

JUDGMENT

The appellant filed this appeal to set aside the judgment and decree dated 14.03.2022 made in A.S.No.42 of 2016 on the file of the Additional District and Sessions Judge (FTC), Tenkasi by confirming the judgment and decree dated 01.04.2016 made in O.S.No.90 of 2007 on the file of the Additional Subordinate Court, Tenkasi.

2. When the matter is taken up for hearing today (01.08.2023), the appellant as well as the respondents 1, 3 to 8 are present before this Court and they are identified by their respective counsel. The identity proof of the parties are also verified. The matter has already been settled before the Mediation. Today (01.08.2023), both the counsel for the appellant and respondents 1, 3 to 8 filed a Joint Compromise Memo, which was signed by the appellant and respondents 1, 3 to 8. The contention of the Joint 2/4

Compromise Memo was 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 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, connected miscellaneous petition is closed. 01.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No vsd To 1.The Additional District and Sessions Judge (FTC), Tenkasi.

2.The Additional Subordinate Court, Tenkasi.

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

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P.VADAMALAI, J.

vsd and C.M.P(MD)No.12962 of 2022 01.08.2023 4/4