Madras High Court
Sanjeevi Chetti vs T.R.Meganathan on 8 December, 2015
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 08.12.2015 CORAM THE HONOURABLE MR.JUSTICE T.RAJA S.A.No.28 of 2006 1.Sanjeevi Chetti 2.Vijaya Ammal ... Appellants Versus T.R.Meganathan ... Respondent Prayer: Appeal filed under Section 100 C.P.C., against the judgement and decree dated 27.2.2004 made in A.S.No.43 of 2003 by the Subordinate Court, Ranipet, Vellore District, reversing the judgment and decree dated 29.7.2003 made in O.S.No.205 of 1992 on the file of the District Munsif Court, Sholinghur, Vellore District. For Appellants :Mr.A.Gouthaman For Respondent :Mr.M.A.Abdul Wahab JUDGMENT
This Second Appeal is directed against the Judgment and Decree made in A.S.No.43 of 2003 dated 27.2.2004 in and by which the learned Subordinate Judge, Ranipet, has set aside the Judgment and Decree passed by the District Munsif Court, Sholinghur in O.S.No.205 of 1992 dated 29.07.2003.
2. The suit in O.S.No.205 of 1992 was filed by the plaintiff for declaring the plaintiff's title to the suit vacant site and for granting permanent injunction restraining the defendants and his men and servants from interfering with the plaintiff's peaceful possession and enjoyment of the same and for costs.
3. The second defendant / second respondent filed a Written statement denying the averments made in the plaint before the Trial Court and sought for dismissal of the plaint.
4. On consideration of pleadings and evidence, the trial Court dismissed the suit in O.S.No.205 of 1992 with costs by judgment and decree dated 29.07.2003. Aggrieved against the dismissal of the suit, the plaintiff preferred an appeal in A.S.No.43 of 2003. The lower appellate Court set aside the judgment and decree of the trial Court, by its Judgment dated 27.2.004 in A.S.No.43 of 2003. The present Second Appeal is filed by the defendants against this judgment and decree.
5. Today, the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondent would submit that the parties, with a view to settle the matter amicably, have reached a compromise and the plaintiff undertakes that he will not interfere with the property belonging to the second defendant covered in Survey No.675, having an extent of 1073 sq.ft. situate in Sholinghur Town, Walaja Taluk, Vellore District. Similarly, the defendants/appellants undertake that they will not interfere with the property belonging to the plaintiff having an extent of 50 feet East to West and 16 feet North to South covered in Survey No.675 situated in Sholinghur Town, Walaja Taluk, Vellore District.
6. The appellants/defendants and the respondent/plaintiff are present before the Court today. In the presence of the parties and the learned respective counsel appearing for the parties, the Memo of Compromise is taken up for consideration. The parties shall abide by the terms and conditions given in the said Memo of Compromise. The Memo of Compromise is recorded and the Second Appeal is disposed of based on the terms of the Compromise Memo. The Memo of Compromise dated 08.12.2015 shall form part of the decree.
7. The learned counsel appearing for parties made a request before this Court to issue a direction to the trial Court to return the original documents to the respective parties. It is for the parties to file an application before the Trial Court seeking return of the original original documents. On such filing of any application, the trial Court shall consider and pass appropriate orders.
08.04.2014 Index:Yes/No Internet Yes/No asvm Note to office Issue order copy on 14.12.2015 To
1.The Subordinate Judge, Ranipet, Vellore District.
2.District Munsif, Sholinghur, Vellore District.
T.RAJA, J (asvm) S.A.No.28 of 2006 08.12.2015