Mr.N.Rajaian v. Mr.Chellian(Deceased)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P.No.12701 of 2003 N.Rajaian ... Appellant/Respondent/ Defendant Vs.

Mr.Chellian (Deceased) 1.Mr.Russel (Died) 2.Amirtha Bai 3.Ebanesarthrisha 4.Immanuvel Nebisa (Respondents 2 to 4 are brought on record as LRs of the deceased sole respondent vide Court order dated 20.01.2022) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.21 of 1996, on the file of the I Additional Sub-Court (Camp), Padmanabhapuram, dated 28.09.2001 setting aside the judgment and decree made in O.S.No.248/1986, on the file of the Additional District Munsif, Padmanabhapuram, dated 20.09.1995.

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For Appellant : Mr.R.Devaraj For R1 : Died For R3 & R4 : Dispensed with For R2 : Mr.V.Janakiramulu

JUDGMENT

Heard the learned counsel appearing for the appellant and the learned counsel appearing for the second respondent.

2. When the matter was taken up for hearing on 12.09.2024 at the request of the learned counsel appearing for both sides, this Court passed the following order:- "The learned counsel appearing for the appellant and the respondents submitted that there is a possibility of amicable settlement between the parties and requested to refer the matter before the District Mediation Centre at Nagercoil.

2. Considering the said request, the matter is referred to the District Mediation Centre at Nagercoil and the Principal District Judge, Nagercoil at Kanyakumari shall appoint a Senior Counsel as Mediator in this matter and the parties are directed to appear before the District Mediation Centre at Nagercoil on 23.09.2024 without fail. 2/9

3. The Registry is directed to send the papers to the District Mediation Centre at Nagercoil forthwith. The Principal District Judge, Nagercoil at Kanyakumari is directed to return the bundle to the Registry after completing the mediation process.

4.Post the matter on 30.09.2024."

3. Today, when the matter is taken up for hearing, the learned counsel appearing on either side submits that the matter has been amicably settled between the parties before the Kanniyakumari District Mediation and Conciliation Centre, District Court Campus, Nagercoil. The District Co-Ordinator, Principal District and Sessions Judge, District Mediation and Conciliation Centre, Kanniyakumari at Nagercoil has sent a report, dated 28.10.2024. The Mediation Report 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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4. It is made clear that the common pathway for the use of appellant and respondent as per the Commission report are 'MN' portion on the southern side of the Primary Health Centre. The width of the pathway to be taken is with 8 feet width. Both parties accepted to use the pathway as their common pathway.

5.Accordingly, the Second Appeal is disposed of in terms of the Mediation report, dated 28.10.2024 and there will be a decree accordingly. The Mediation Report, dated 28.10.2024, shall form part of the decree. No costs. Consequently, connected miscellaneous petition is closed.

29.10.2024 NCC : Yes/No Index : Yes/No am 7/9

To 1.The I Additional Sub-Court (Camp), Padmanabhapuram.

2.The Additional District Munsif, Padmanabhapuram.

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

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V.BHAVANI SUBBAROYAN, J.

am Judgment made in 28.10.2024 9/9