R. Balasubramanian v. R.B. Rani Alias Seethalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN and C.M.P.(MD).Nos.4063 of 2018 & 3803 of 2018 and 3145 of 2025 S.A.(MD).No.143 of 2018 R.Balasubramanian .. Appellant Vs.

R.B.Rani Alias Seethalakshmi .. Respondent PRAYER: Second Appeal has been filed under Section 100 of C.P.C, to set aside the judgment and decree dated 29.08.2017 passed in A.S.No.55 of 2016 on the file of the III Additional District Court, Tirunelveli confirming the decree and judgment dated 26.02.2016 passed in O.S.No. 80 of 2013, on the file of the Additional Sub Court, Tirunelveli and allow the second appeal.

For Appellant : Mr.H.Arumugam For Respondent : Mr.V.Ramkrishnan

S.A.(MD).No.144 of 2018 R.Balasubramanian .. Appellant Vs.

R.B.Rani Alias Seethalakshmi .. Respondent PRAYER: Second Appeal has been filed under Section 100 of C.P.C, to set aside the judgment and decree dated 29.08.2017 passed in A.S.No.56 of 2016 on the file of the III Additional District Court, Tirunelveli confirming the decree and judgment dated 26.02.2016 passed in O.S.No. 82 of 2013, on the file of the Additional Sub Court, Tirunelveli and allow the second appeal.

For Appellant : Mr.H.Arumugam For Respondent : Mr.V.Ramkrishnan COMMON JUDGMENT The appellant in both second appeals is the plaintiff in the suit in O.S.Nos.80 of 2013 and 82 of 2013 on the file of the Additional Sub Court, Tirunelveli. He has filed two suits for the relief of declaration and consequential permanent injunction.

2.The appellant and respondent are husband and wife. During the pendency of the second appeals, both parties entered into a compromise and also filed two separate compromise memos in the above second appeals, which read as follows:

3. Today, when the matter was taken up for hearing both parties appeared before this Court along with their respective counsel and affirmed the terms of compromise.

4. Accordingly the second appeal in 143 of 2018 is disposed of on the following terms:

4.1. Appellant is not entitled to the suit scheduled property mentioned in the O.S.No.80 of 2013 on the file of the learned Additional Sub Court, Tirunelveli.

4.2. The respondent is entitled to the suit scheduled property mentioned in the O.S.No.80 of 2013 on the file of the learned Additional Sub Court, Tirunelveli.

4.3. The respondent is also entitled to receive the corresponding original document marked under Ex.A1 dated 11.10.1995 in O.S.No. 80 of 2013.

4.4. The appellant is entitled to receive the documents mentioned in the CMP (MD) No. 3145 of 2025 in S.A.(MD) NO.143 of 2018 and registry is directed to return the said documents stated in the CMP (MD) No. 3145 of 2025 in S.A.(MD) NO.143 of 2018 to appellant. 4.5.In view of the compromise entered into between the parties during the pendency of the second appeal, the appellants are entitled to refund of the court fee. Registry is directed to refund the court fee; 4.6. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

5. Accordingly the second appeal in 144 of 2018 is disposed of on the following terms:

5.1. Appellant is entitled to the suit scheduled property mentioned in the O.S.No.82 of 2013 on the file of the learned Additional Sub Court, Tirunelveli.

5.2. The respondent is not entitled to the suit scheduled property mentioned in the O.S.No.82 of 2013 on the file of the learned Additional Sub Court, Tirunelveli.

5.3. The appellant is also entitled to corresponding original document marked under Ex.A2 dated 24.11.1995 in O.S.No. 80 of 2013. 5.2.In view of the compromise entered into between the parties during the pendency of the second appeal, the appellants are entitled to refund of the court fee. Registry is directed to refund the court fee; 5.3. The terms of the compromise memos shall form part of this order.

6. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

16.04.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No sbn Note: Issue order copy on 28.04.2025

To 1.The III Additional District Court, Tirunelveli. 2.The Additional Sub Court, Tirunelveli 3.The Section Officer, VR Section (Records), Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J.

sbn 16.04.2025