Madras High CourtAS(MD)/183/2017disposed of

P.Mahalingam v. Vetrivendhan (Died)

2026-04-09Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.10524 of 2017 P.Mahalingam, S/o.Palanisamy Gowder, Door No.1B,Ward No.15, Krishnasamy Gowder Street, Melagudalur Village, Uthamapalayam Taluk, Theni District - 625 518.

... Appellant/Plaintiff Vs.

1.Vetrivendhan (Died), S/o.Periya Krishnasamy Gowder, 11th Ward, Edayar Street, Melagudalur Village, Uthamapalayam Taluk, Theni District - 625 518.

... 1st Respondent/Defendant

2. Valarmathi, W/o.Late. Vetrivendhan, 11th Ward, Edayar Street, Melagudalur Village, Uthamapalayam Taluk, Theni District - 625 518.

3.V.Kamesh Kumar, S/o.Late.Vetrivendhan, 11th Ward, Edayar Street, Melagudalur Village, Uthamapalayam Taluk, Theni District - 625 518.

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4.V.Rajiv, S/o.Late. Vetrivendhan, 11th Ward, Edayar Street, Melagudalur Village, Uthamapalayam Taluk, Theni District - 625 518.

... Respondent Nos.2 to 4 (Respondents 2 to 4 are brought on record as LRs of the deceased sole respondent vide Court order dated 29.03.2022 made in CMP(MD)Nos.4564 to 4567 of 2021 in A.S(MD)Nos. 182 and 183 of 2017) PRAYER :- This Appeal Suit is filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree, dated 30.06.2017 made in O.S.No.50 of 2009 on the file of the Additional District and Sessions Judge, Theni at Periyakulam, by allowing this appeal.

For Appellant : Mrs.P.Jesi Jeeva Priya R1 : Died For R2 to R4 : Mr.D.Kirubakaran

JUDGMENT

This Appeal Suit is filed to set aside the judgment and decree, dated 30.06.2017 made in O.S.No.50 of 2009 on the file of the Additional District and Sessions Judge, Theni at Periyakulam.

2. When the matter is taken up for hearing today (09.04.2026), both sides learned counsel submitted that the matter has been settled between the parties and 2/4

a Joint Compromise Memo has also been filed along with a copy of sale deed, dated 20.02.2026. The appellant as well as the respondents 2 to 4 are present before this Court and they are identified by their respective counsel. The identity proof of the parties is also verified. The contents of the Joint Compromise Memo were read over and explained to both parties in the presence of their counsel and both parties submitted that the same were correct. Accordingly, the said Joint Compromise Memo is recorded.

3. In view of the above, this Appeal Suit is disposed of. The Joint Compromise Memo shall form part of the decree. No costs. Consequently, the connected Miscellaneous Petition is closed.

09.04.2026 VSD To 1.The Additional District and Sessions Judge, Theni at Periyakulam.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD JUDGMENT MADE IN and C.M.P(MD)No.10524 of 2017 09.04.2026 4/4