Madras High CourtSA(MD)/114/2018disposed of

S.Ganesan, v. V.Devendran(Died)

2024-09-06Honourable Mr Justice G.R.Swaminathan4 pages

1 S.A.(MD)No.114 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)Nos.114 & 121 of 2018 S.A.(MD)No.114 of 2018 S.Ganesan ... Appellant / Appellant / Plaintiff Vs.

1. V.Devendran(died) ... 1st Respondent/ Respondent / Defendant

2. D.Jansirani

3. D.Voltaire (Respondents 2 & 3 are suo motu impleaded as LRs. of the deceased first respondent vide order dated 20.08.2024) ... Respondents 2 and 3 PRAYER : Second appeal filed under Section 100 CPC., to set aside the judgment and decree of the lower appellate Court dated 15.07.2016 passed in A.S.No.2 of 2008 on the file of the Subordinate Judge, Srivilliputhur, confirming the judgment and decree of the trial Court dated 29.06.2007 passed in O.S.No.188 of 2001 on the file of the Additional District Munsif, Srivilliputhur and allow the present second appeal.

2 S.A.(MD)No.114 of 2018 For Appellant : Mr.M.R.Sreenivasan, for Mr.R.Nandakumar.

For R-1 : Mr.V.Sebastinal Preethi *** S.A.(MD)No.121 of 2018

1. V.Devendran(died) ... Appellant / Appellant / Defendant

2. D.Jansirani

3. D.Voltaire (Appellants 2 & 3 are suo motu impleaded as LRs. of the deceased first appellant vide order dated 20.08.2024) ... Appellants 2 and 3 Vs.

S.Ganesan ... Respondent/ Respondent / Plaintiff PRAYER : Second appeal filed under Section 100 CPC., to set aside the judgment and decree of the lower appellate Court dated 15.07.2016 passed in A.S.No.70 of 2007 on the file of the Subordinate Judge, Srivilliputhur, confirming the judgment and decree of the trial Court dated 29.06.2007 passed in O.S.No.188 of 2001 on the file of the Additional District Munsif, Srivilliputhur and allow the present second appeal.

For Appellants : Mr.V.Sebastinal Preethi For R-1 : Mr.M.R.Sreenivasan, for Mr.R.Nandakumar.

***

3 S.A.(MD)No.114 of 2018 COMMON JUDGMENT Both the second appeals arise out of O.S.No.188 of 2001 on the file of the Additional District Munsif, Srivilliputhur.

2. Devendran, the original plaintiff passed away and his legal heirs (wife and son) have come on record. The parties have amicably settled the issue. The joint compromise memo dated 05.09.2024 has been filed. The photographs have been enclosed along with the joint compromise memo. The impugned judgments and decrees are set aside and both the second appeals are disposed of in terms of the joint compromise memo dated 05.09.2024. The joint compromise memo along with the enclosed photographs will form part of the decrees. No costs. 06.09.2024 Index : yes/No Internet:Yes/No PMU

4 S.A.(MD)No.114 of 2018 G.R.SWAMINATHAN,J.

PMU To

1. The Subordinate Judge, Srivilliputhur.

2. The Additional District Munsif, Srivilliputhur.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD).Nos.118 & 121 of 2018 06.09.2024