Madras High CourtCMSA(MD)/45/2011closed

R.Sekar S/O.Rathinasamy v. Pathmajothi W/O.Sekar

2017-09-19Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2017

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.S.A(MD)Nos.45 and 31 of 2011 and M.P.(MD)No.2 of 2011 C.M.S.A(MD)No.45 of 2011 R.Sekar ...Appellant Appellant/Respondent/Petitioner Vs.

Pathmajothi ...Respondent/Respondent/Petitioner/Respondent C.M.S.A(MD)No.31 of 2011 Padmajothi ...Appellant /Respondent/Respondent Vs.

R.Sekar ...Respondent/Appellant/Petitioner PRAYER in C.M.S.A(MD)No.45 of 2011:- Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act read with Section 100 of Civil Procedure Code, against the Judgment Decree passed in H.M.C.M.A.No.6 of 2010 dated 16.11.2010 on the file of the Additional District Court (Fast Track Court), Virudhunagar, by confirming the Judgment and Decree passed in I.A.No.62 of 2005 in H.M.O.P.No.45 of 2003 on the file of the Sub Court, Virudhunagar. For Appellant :Mr.D.Shanmugaraja Sethupathi For Respondent :Mr.Lakshmi Gopinathan PRAYER in C.M.S.A(MD)No.31 of 2011:- Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act read with Section 100 of Civil Procedure Code, against the Judgment Decree dated 16.11.2010 passed in H.M.C.M.A.No.4 of 2009 on the file of the learned Additional District Judge (FTC), Virudhunagar by reversing the Judgment and Decree dated 11.11.2008 passed in H.M.O.P.No.45 of 2003 by the learned Subordinate Judge,

For Appellant :Mr.Lakshmi Gopinathan For Respondent :Mr.D.Shanmugaraja Sethupathi COMMON JUDGMENT C.M.S.A(MD)No.45 of 2011 has been filed by the appellant against the Judgment Decree passed in H.M.C.M.A.No.6 of 2010 dated 16.11.2010 on the file of the Additional District Court (Fast Track Court), Virudhunagar, by confirming the Judgment and Decree passed in I.A.No.62 of 2005 in H.M.O.P.No.45 of 2003 on the file of the Sub Court, Virudhunagar.

2. C.M.S.A(MD)No.31 of 2011 has been filed by the appellant against the Judgment Decree dated 16.11.2010 passed in H.M.C.M.A.No.4 of 2009 on the file of the learned Additional District Judge (FTC), Virudhunagar by reversing the Judgment and Decree dated 11.11.2008 passed in H.M.O.P.No.45 of 2003 by the learned Subordinate Judge, Virudhunagar.

3. The learned counsel appearing for the respective parties submitted that both the parties have entered into a compromise and also filed a joint compromise memo, dated 15.09.2017, signed by both parties along with their counsel.

4. This Court has also gone into the memo of compromise and satisfied that the parties out of free will and volition, have entered into a compromise.

5. In the result, these Civil Miscellaneous Second Appeals are disposed of in terms of the memo of compromise and final decree is passed in terms of the memo of compromise, dated 15.09.2017. No Costs. Memo of compromise dated, 15.09.2017 shall be treated as form part of the record/decree. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar Encl: Xerox copy ot Joint Compromise Memo To 1.The Additional District Judge, (Fast Track Court),

2. The Sub-Judge, Sub-Court, Copy to The Section Officer, VR Section, Madurai Bench of Madras High court, Madurai.

PM VB/JC/SAR1/22/12/2017/3P/4C C.M.S.A(MD)Nos.45 and 31 of 2011 and M.P.(MD)No.2 of 2011 19.09.2017