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Madras High CourtSA(MD)/418/2013disposed of in memo of compromise

T.Narayanan Nadar v. P.Malarasu

2019-07-01Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2019

CORAM

THE HONOURABLE MRS.JUSTICE R. THARANI S.A.(MD)No.418 of 2013 and M.P.(MD)Nos.4 & 5 of 2013 T.Narayanan Nadar ... Appellant/Appellant/1st Defendant Vs.

1. P.Malarasu ...1st Respondent/1st Respondent/ Plaintiff

2. S.Rajendran

3. T.Radhakrishnan

4. A.Mani ... Respondents 2 to 4/Respondent 2 to 4/ Defendants 2 to 4 Prayer : This Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgement and decree passed in A.S.No.48 of 2010 on the file of Principal Subordinate Judge, Nagercoil dated 16.03.2013 confirming the judgement and decree passed in O.S.No.427 of 2006 and the counter claim on the file of Principal District Munsif Court, Nagercoil dated 14.07.2010. For Appellant : Mr.M.P.Senthil For R-1 : Mr.C.T.Perumal For R2 & R4 : No appearance

J U D G M E N T

The learned counsel appearing for the appellant and the learned counsel appearing for the first respondent are present. 2.When the matter is taken up for hearing today (01.07.2019), on the side of the appellant, it is stated that the respondents 3 and 4 are only attestors and no relief is sought for against them.

3.A Joint Compromise Memo signed by both the parties ie. appellant and R1 and R2 and also by their respective counsel is filed. The appellant and respondents 1 and 2 are present. In order to identify the respective parties they have also produced copies of their Aadhaar Cards. This Court also enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves.

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4.In view of the compromise memo signed by the appellant as well as R1 and R2, this Second Appeal is dismissed and the terms of Joint Memo of Compromise shall form part and parcel of this order and the same is not the bindings on the respondents 1 and 2. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) Ls ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To 1.The Principal Subordinate Judge, Nagercoil.

2.The Principal District Munsif, Nagercoil.

3.The Section Office, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1CC TO MR.M.P.SENTHIL, Advocate Sr. No.72670 +5CC TO MR.P.T.PERUMAL, Advocate Sr. No. 72512 S.A.(MD)No.418 of 2013 and M.P.(MD)Nos.4 & 5 of 2013 01.07.2019 NRK(CO) TR (03.07.2019) 2P 11C https://hcservices.ecourts.gov.in/hcservices/