Madras High CourtSA(MD)/339/2020disposed of

Alagar (Died) v. Nallathambi(Died),

2023-06-27Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and C.M.P.(MD)No.3999 of 2020 1.Alagar (Died) 2.Muthammal 3.Ambikabathi 4.Thiruvasagam ... Appellants (Appellants 2 to 4 are brought on record as LRs of the deceased sole appellant vide order dated 21.04.2023 in CMP(MD)Nos.3826, 2828 & 3829 of 2023) /Vs./ 1.Nallathambi (Died) 2.Rajeswari 3.Chithra Mala 4.Aravind Babu 5.Rajkumar ... Respondents (Respondents 2 to 5 are brought on record as LRs of the deceased sole respondent vide order dated 08.01.2018 in CMP(MD)Nos.8074 & 8075 of 2017.) 1/4

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the Judgment and Decree dated 06.03.2015 made in A.S.No.36 of 2011 on the file of the Subordinate Judge, Ramanathapuram, confirming the judgment and decree dated 16.08.2011 made in O.S.No.76 of 2008 on the file of the District Munsif cum Magistrate, Thiruvadanai.

For Appellants : Mr.N.Satheesh Kumar For Respondents : Mr.A.Senthil Kumar (R1) Mr.J.Jeyakumaran (R3 & R4) No appearance (R6 to R8)

JUDGMENT

The parties have entered into a joint memorandum of compromise dated 10.06.2023, which is placed on record before this Court. As per the said joint memorandum of compromise dated 10.06.2023, they have decided to settle the dispute among themselves. All the parties to the joint memorandum of compromise dated 10.06.2023 are present before this Court either physically or through video conferencing and their identification has also been confirmed by the respective counsels 2/4

appearing for the respective parties. The parties to the compromise have signed the joint memorandum of compromise dated 10.06.2023 and their respective counsels have also signed the same. As per the joint memorandum of compromise dated 10.06.2023, they have paid a sum of Rs.2,00,000/- to the respondents and on receipt of the same, the respondents have relinquished their rights absolutely over the suit schedule property in favour of the appellants.

2. In terms of the joint memorandum of compromise dated 10.06.2023 recorded by this Court, this second appeal is disposed of. The joint memorandum of compromise dated 10.06.2023 shall form part of this judgment. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

27.06.2023 Index : Yes / No NCC : Yes / No Sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:

1.The Subordinate Judge, Ramanathapuram.

2.The District Munsif cum Magistrate, Thiruvadanai. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in Dated:

27.06.2023 4/4