Parameswari Nadachy(Died) v. S.Harikrishnan, Aged About

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN and M.P.(MD).No.1 of 2014 1.Parameswari Nadachy (Died) 2.S.Narayanan ... Appellants/Respondents 1 & 2/ Defendants 1 & 2 3.Maheswari 4.Vijayalakshmi 5.Geetha ... Appellants (Appellants 3 to 5 are brought on record as LRs of the deceased 1st Appellant vide Court Order, dated 12.09.2023 made in C.M.P.(MD).No. 9547 of 2023 in S.A.(MD).No.589 of 2014) Vs.

S.Harikrishnan ... Respondent/Appellant/Plaintiff PRAYER : Second Appeal is filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 18.03.2014 made in A.S.No.23 of 2006 on the file of the District Court, Kanniyakumari District at Nagercoil reversing the Judgment and Decree dated 08.02.2006 made in O.S.No.196 of 2003 on the file of Subordinate Court, Padmanabhapuram.

For Appellants : Mr.R.Russel Raj for A2 For Respondent : Mr.J.John Jayakumar 1/7

JUDGMENT

This second appeal has been filed against the Judgment and Decree, dated 18.03.2014 made in A.S.No.23 of 2006 on the file of the District Court, Kanniyakumari District at Nagercoil reversing the Judgment and Decree dated 08.02.2006 made in O.S.No.196 of 2003 on the file of Subordinate Court, Padmanabhapuram. 2.The respondent herein as plaintiff has filed a suit in O.S.No.196 of 2003 on the file of Subordinate Court, Padmanabhapuram, seeking the relief of declaration, partition, separate possession and permanent injunction. The above said suit was dismissed by the trial Court by the Judgment dated 08.02.2006. Against which the plaintiff filed the appeal suit before the District Court, Kanniyakumari District at Nagercoil, in A.S.No.23 of 2006. By the Judgment dated 18.03.

2014, the first appellate Court reversed the findings of the trial Court and decreed the suit as prayed by the plaintiff/respondent. Aggrieved over the same, the defendants have come forward with this second appeal before this Court. 3.Pending second appeal first appellant/first defendant reported to be dead and her legal heirs were impleaded as appellants 3 to 5. Thereafter, it is stated the matter has been settled between the parties.

4.All the parties appeared before this Court either in person or through Video conference and enquired by this Court about the settlement reached between them. They have also filed a compromise memo to that effect on 17.06.2025 before this court. The contents of the said compromise memo are as follows:- 3/7

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5.Recording the above said compromise memo, this second appeal shall stand disposed of. The decree and judgment passed by the learned Principal District Court, Kanniyakumari District at Nagercoil is hereby set aside. The suit in O.S.No.196 of 2003 on the file of the Subordinate Judge, Padmanabhapuram, is decreed as per the terms of compromise. The compromise memo shall form part of the order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

23.06.2025 Index :

Yes / No Internet :

Yes / No TM To 1.The District Judge, Kanniyakumari District at Nagercoil. 2.The Subordinate Judge, Padmanabhapuram.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN ,J.

TM 23.06.2025 7/7