1. Krishnan v. Chinnapillai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P(MD)No.1376 of 2004 1.Krishnan 2.Palanichamy 3.Jothivel 4.Ganesan 5.Ponnuthayee ... Appellants/Respondents 1 to 5/ Defendants 1 to 5 Vs.

1.Chinnapillai 2.Chinnammal 3.Pappammal ... Respondents 1 to 3/Appellants/ Plaintiffs 4.Lakshmanan 5.Duraisamy 6.Chinnadurai ... Respondents 4 to 6/Respondents 6, 8 & 9/ Defendants 6, 8 & 9 (Respondents 4 to 6 are given up) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 10.03.2004 made in A.S.No.101 of 2003 on the file of the Additional Sub Court, Dindigul, reversing the judgment and decree dated 11.10.2001 made in O.S.No.645 of 1995 on the file of the District Munsif Court, Vedasandur. 1/8

For Appellants : Mr.A.R.M.Ramesh For RR 1 to 3 : Mr.Babu Rajendran For RR 4 to 6 : Given up

JUDGMENT

Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondents 1 to 3. 2.The learned counsel appearing on either side submits that the matter has been amicably settled between the parties and they have also filed a compromise memo, dated 23.10.2024. The joint compromise memo is found to be signed by both the parties along with the counsel on record and a scanned reproduction of the same is as follows:

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3.Today, the appellants paid a sum of Rs.30,000/- each to the respondents 1 to 3 and they also received the same before this Court. 4.There cannot be any dispute regarding the sharing of water. On three days, respondents 1 to 3 will draw water, the appellants will draw water on the fourth day, and again on the fifth day, the respondents 1 to 3 can draw water in rotation basis. Each party can fit an individual motor if they want to draw water from the well. 5.The standing trees in the portion of the appellants and the respondents 1 to 3 are entitled to enjoy the same as per the division, and no one can claim a right over the other trees in the other person's lands.

6.The appellants and the respondents 1 to 3 can file an application before the Taluk Surveyor for measuring the properties by paying necessary fees, as per the division entered into the compromise memo and on receiving the application with necessary fees, as per the division entered into the compromise memo, the Taluk Surveyor can measure the property and the Tahsildar can issue appropriate individual patta in the name of the parties.

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7.Accordingly, the Second Appeal is disposed of in terms of the compromise memo dated 23.10.2024 and there will be a decree accordingly. The compromise memo, dated 23.10.2024, shall form part of the decree. No costs. Consequently, connected Miscellaneous Petitions are closed.

23.10.2024 NCC : Yes/No Index : Yes/No ps To 1.The Additional Sub Court, Dindigul.

2.The District Munsif Court, Vedasandur.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

ps Judgment made in 23.10.2024 8/8