Madras High Court
Renjitham vs G.Thanga Sarojini
Author: N. S A T Hi S H Kumar
Bench: N. S A T Hi S H Kumar
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BE F O R E THE MADURAI BE N C H OF MADRA S HIGH COURT
DATED : 2 4. 0 2 . 2 0 2 0
CORAM:
THE HONOU RA B L E MR. JU S T I C E N. S A T HI S H KUMAR
S.A.(MD).No. 6 3 9 of 2 0 1 1
and
M.P.(MD).No s . 1 , 2 and 3 of 2 0 1 1
1.Renjitham
2.Rajathi
3.Jothi
4.Revathi
5.K.Suyamboo
A5 is impleaded as a party of the appellant
in this appeal vide Court order dated 23.10.2019
made in C.M.P.No.8188 of 2019 in S.A.(MD).
No.639 of 2011. ... Appellants
Vs.
G.Thanga Sarojini
... Respondent
Prayer: The Second Appeal is filed under Section 100 of Civil Procedure Code
against the decree and judgment passed in A.S.No.24 of 2007 on the file of the
Additional Sub Court, Nagercoil, dated 16.03.2011, reversing the judgment and
decree passed in O.S.No.662 of 2004 on the file of Ist Additional District Munsif
Court, Nagercoil, dated 15.11.2006.
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For 5th appellant : Mr.D.Nallathambi
For Respondent : Mrs.P.Jessi Jeevapriya
J U DG ME N T
The second appeal has been filed against the judgment and decree passed in
A.S.No.24 of 2007 on the file of the Additional Sub Court, Nagercoil, dated
16.03.2011, reversing the judgment and decree passed in O.S.No.662 of 2004 on
the file of the I Additional District Munsif Court, Nagercoil, dated 15.11.2006.
2. When the appeal is taken up for hearing today, the 5th appellant and the
respondent are present before this Court and made a statement that they agreed
to settle the matter amicably. They also filed a joint compromise memo, dated
24.02.2020, duly signed by both the 5th appellant and the respondent and counter
signed by their respective counsel.
3. The present appeal has been filed as against the judgment of the first
appellate Court, holding that the sale deed in favour of the 5th appellant and he
said to have purchased the property from the appellants 1 to 4. Now, the 5th
appellant and the respondent have entered into a compromise in respect of 45
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cents describing 'C' and 'D' schedule properties. Since the appellants 1 to 4 have
already sold the property to the 5th appellant, they are not necessary parties to this
compromise.
4. In view of the above, the Second Appeal is disposed of, in terms of the
joint compromise memo. The joint compromise memo, dated 24.02.2020, shall
form part of the decree and judgment and the plan appended to the joint
compromise memo also shall form part of the decree and judgment. No costs.
Consequently, the connected Miscellaneous Petitions are closed.
2 4. 0 2 . 2 0 2 0
akv
To
1.The Additional Sub Court,
Nagercoil.
2.The Ist Additional District Munsif Court,
Nagercoil.
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N. S A T HI S H KUMAR ,J.
akv S.A.(MD).No. 6 3 9 of 2 0 1 1 2 4. 0 2 . 2 0 2 0 http://www.judis.nic.in