Madras High CourtSA(MD)/724/2022disposed of

P.Karvannan, v. G. Rathinavel

2023-03-20Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.(MD)No.724 of 2022 and C.M.P(MD)Nos.10800 and 10802 of 2022 1.P.Karvannan 2.P.Ganesan .... Appellants/Respondents 1 and 2/Defendants 1 and 2 Vs.

1.G.Rathinavel 2.G.Murugesan

...Respondents 1 and 2/Appellants 1 and 2/Plaintiffs 1 and 2

3.Muthukumar 4.Muthuraj 5.Sundarraj 6.Sivakumar 7.Senthilkumar 8.Raja ... Respondents 3 to 8/Respondents 3 to 8/Defendants 3 to 8 Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 22.04.2019 passed in A.S.No.1 of 2018 on the file of the Sub Court, Virudhunagar, reversing the judgment and decree dated 07.06.2017 passed in O.S.No.115 of 2012 on the file of the District Munsif Court, Virudhunagar. For Appellants : M/s.S.Raja Jeyachandra Paul For R1 & R2 : Mr.M.S.Suresh Kumar 1/4

J U D G M E N T

This Second Appeal has been filed against the judgment and decree dated 22.04.2019 passed in A.S.No.1 of 2018 on the file of the Sub Court, Virudhunagar, reversing the judgment and decree dated 07.06.2017 passed in O.S.No.115 of 2012 on the file of the District Munsif Court, Virudhunagar.

2. Earlier the matter was referred to mediation. Before the mediation and conciliation centre of this Court, the parties have arrived at a settlement and to that effect, a joint memorandum of compromise dated 15.03.2023 has been filed by the appellants and the respondents 1 and 2. The respondents 3 to 8 are no way involved in the property dispute between the appellants and the respondents 1 and 2 and that is the reason as to why they are not joined as parties to the compromise. The respondents 3 to 8 had sold the property to the appellants 1 and 2, which was put to challenge by the respondents 1 and 2, who are the plaintiffs in the suit.

3. The joint memorandum of compromise dated 15.03.2023 entered into between the appellants and the respondents 1 and 2 along with supporting documents are taken on file by this Court. 2/4

4. In terms of the joint memorandum of compromise dated 15.03.2023, this Second Appeal is disposed of. The joint memorandum of compromise dated 15.03.2023 along with the supporting documents shall form part of this judgment. No costs. Consequently, connected miscellaneous petitions are closed.

23.03.2023 Index : Yes/No Internet: Yes/No CM To 1.The Sub Court, Virudhunagar 2.TheDistrict Munsif Court, Virudhunagar.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4

ABDUL QUDDHOSE, J.

CM S.A.(MD)No.724 of 2022 and C.M.P(MD)Nos.10800 and 10802 of 2022 20.03.2023 4/4