The Second Appeal arising from a suit for injunction over temple land was disposed of by recording a compromise between the tenant (appellant) and landlord (first respondent) regarding the super structure, without prejudice to the landowner temple's rights.
Second Appeal disposed of by recording the compromise; terms of compromise to form part of decree.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 14.11.2016 CORAM: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.A.No.890 of 1997 and CMP.No.13127 of 2016
Usha
.. Appellant
Versus
1.Bhanumathi
2.Arulmigu Kasi Viswanathaswamy temple by its Hereditary Trustee Vishwanatha Gurukkal S/o.Muthiah Gurukkal Otha Theru, Myladuthurai. .. Respondents
Prayer: Petition filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree as made in A.S.No.87 of 1996 dated 24.03.1997 on the file of the Additional Subordinate Judge, Mayiladuthurai reversing the judgment and decree made in O.S.No.821 of 1994 dated 26.07.1996 on the file of the Additional District Munsif, Myladuthurai.
For Petitioner : Mr.Srinath Sridevan For R1 : Mr.A.Muthukumar
JUDGMENT
This Second Appeal is arising out of the suit filed for injunction restraining the respondents herein from distrubing the peaceful possession of the plaintiff. Admittedly, the ground belongs to the second respondent-temple, wherein the contesting parties namely, the plaintiff and the first defendant claiming right over the super structure.
appurtenant to the super structure. Since the second respondent, who is the land owner is not a party to the compromise memo, this application to record the compromise is allowed without prejudice to their right and interest in the suit property, at the request of the contesting parties namely the first respondent and the appellant.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rm
To
1. The Additional Subordinate Judge, Mayiladuthurai.
2. The Additional District Munsif, Myladuthurai.
3 The Record Keeper
VR Section, High Court, Madras
+1cc to Mr.Srinath Sridevan, Advocate, S.R.No.65689
+1cc to Mr.A. Muthukumar, Advocate, S.R.No.65358
rp(CO)
md(22/02/2017)
S.A.No.890 of 1997 and
CMP.No.13127 of 2016
1 issue framed by the court
Whether the Second Appeal should be disposed of upon recording a compromise between the tenant and landlord regarding the super structure.
1 provisions across 1 enactments
Usha
Bhanumathi
Arulmigu Kasi Viswanathaswamy temple
Dr.Justice G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
