Madras High CourtSA(MD)/502/2014disposed of

Venkidasamy (Died) v. Rajeswara Sethupathy Alias Sethuraj(Died)

2025-08-29Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2025

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY 1.Venkidasamy (Died) 2.Therasammal 3.V.Subashini 4.Jegatheesan ...Appellants (A3&A4 are brought on record as LRs of the deceased A1 as per order dated 08.02.2019 in C.M.P.(MD).No. 12163 of 2018 in S.A.(MD)No.502 of 2014) --Vs-- 1.Rajeswara Sethupathy @ Sethuraj (Died) 2.Aadhimoolam 3.Rajeswari 4.Gengaswari 5.Kichammal 6.R.Vignesh

...Respondents

(6th Respondent is brought on record as LR of the decesed 1st respondent vide Court order dated 07.03.2025 made in C.M.P.(MD).No.16381 of 2024 in S.A.(MD)No.502 of 2014) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree passed in A.S.No.12 of 2005 dated 1/4

03.12.2012 on the file of Sub Court, Srivillliputhur, on remand of the case by this Court in S.A.(MD)No.371 of 2008 setting aside the earlier Judgment and Decree in A.S. No. 12 of 2005 dated 13.07.2007 reversing the Judgment and decree of the Learned Additional District Munisif Court, Srivilliputhur, in O.S.No.358 of 1993, dated 11.10.2004. For Appellants : M/s.V.Janaki Devi For R2 to R6 : Mr.M.P.Senthil *****

JUDGMENT

The present second appeal is file for against the Judgment and Decree passed in A.S.No.12 of 2005 dated 03.12.2012 on the file of Sub Court, Srivillliputhur, on remand of the case by this Court in S.A. (MD)No.371 of 2008 setting aside the earlier Judgment and Decree in A.S. No. 12 of 2005 dated 13.07.2007 reversing the Judgment and decree of the Additional District Munisif Court, Srivilliputhur, in O.S.No.358 of 1993, dated 11.10.2004.

2.This Court referred the case to mediation. In the mediation, the parties have entered into a compromise. To this effect, a settlement 2/4

award was passed in the mediation. The settlement shall form part and parcel of the Judgment and Decree.

3.It is agreed between the parties that one cent will be given to the respondents and the same is recorded.

4.Based on the settlement award passed by the mediation, the second appeal is disposed of. No costs.

29.08.2025 Index : Yes / No NCC : Yes / No Tmg To

1. The Sub Court, Srivillliputhur.

2. The Additional District Munisif Court, Srivilliputhur.

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

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S.SRIMATHY , J.

TMG ORDER MADE IN DATED : 29.08.2025 4/4