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Madras High CourtSA(MD)/752/2016disposed of

Nagaraj, v. Aameena Ammal,

2021-12-20Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN SA(MD). No.752 of 2016 NAGARAJ,, ... Appellant/Appellant/1st Defendant Vs 1 AAMEENA AMMAL, ... 1st Respondent/1st Respondent/Plaintiff 2 SATHAIAH, ... 2nd Respondent/2nd Respondent / 2nd Defendant Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Sub Court, Pudukkottai dated 27.11.2014 and made in Appeal Suit No.33 of 2014 confirming the judgment and decree of the District Munsif Aranthangi, Pudukkottai made in Original Suit No.6 of 2005 dated 29.11.2013.

DECREE:- This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of Mr.K.BAALASUNDHARAM, Advocate for the Appellant and of Mr.N.

(1)That the as per the terms of compromise the appellant has paid sum of Rs.50,000/- to the plaintiff /1st respondent herein towards compensation and the plaintiff/1st respondent has also received the same regarding the C Schedule property and that the plaintiff/1st respondent Ameena Ammal relinquished all the rights of C Schedule of suit property.

(2) That the appellant Nagaraj is entitled to all rights in respect of C Schedule of suit property.

(3) That the plaintiff /1st respondent herein agreed to transfer the patta and property tax receipt in favour of appellant Nagaraj. https://hcservices.ecourts.gov.in/hcservices/ 1/2

(4) That the judgment and decree of the Sub Court, Pudukkottai dated 27.11.2014 made in Appeal Suit No.33 of 2014 by confirming the judgment and decree of the District Munsif Court, Aranthangi, Pudukkottai and made in Original Suit No.6 of 2005 dated 29.11.2013 be and hereby is dismissed in so far as the C Schedule suit property is concerned.

(5) That there be no costs in this Appeal.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl: Xerox copy of Joint Compromise Memo & Schedule of Property TO 1.The Judge, The Sub Court, Pudukkottai 2.The District Munsif, Aranthangi, Pudukkottai Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.BAALASUNDHARAM, Advocate ( SR-39561 dated 20/12/2021 ) ORDER DATED : 20/12/2021 ========================== DECREE ========================== SA(MD). No.752 of 2016 Nature of Decree:- Disposing the Second Appeal preferred against thejudgment and decree of theSub Court, Pudukkottai dated 27.11.2014 and made in Appeal Suit No.33 of 2014 confirming the judgment and decree of the District Munsif Aranthangi, Pudukkottai made in Original Suit No.6 of 2005 dated 29.11.2013 and etc as stated within.

KB(11.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2