Ram Manohar Logia Died v. Sakkubai Ammal
Case brief
What is this about?
This is a second appeal regarding a property dispute. The High Court closed the appeal because the parties amicably resolved the dispute and entered into a Memorandum of Compromise during pendency of the appeal, which is now made part of the decree.
What did the court decide?
The Second Appeal stands closed; the Memorandum of Compromise dated 25.03.2018 is made part of the decree.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
Second Appeal No.1045 of 2012 and M.P.No.1 of 2012
Ram Manohar Logia (Died) Lalitha (died)
- Premavathi
2. Subbulakshmi
3. Charumathi
4. Pushpa
5. Suganthi
6. Minor Nishanthi
7. Minor Karthikeyan ... Appellants 3 to 9/
Defendants 6 to 12/Appellants
Vs.
Sakkubai Ammal ... Plaintiff/Respondent/Respondent
Prayer:
Second Appeal filed under Section 100 of the Code of Civil Procedure against judgment and decree in A.S.No.10 of 2008, dated 05.08.2009 in confirming the judgment and decree on the file of the learned District Munsif, Maduranthakam in O.S.No.136 of 1998, dated 20.09.2007, is even otherwise illegal, incompetent and without jurisdiction and in any event liable to be set aside.
For Appellants 3 to 9/ Defendants 6 to 12 : Mr.V. Lakshminarayanan For Respondent/Plaintiff : Mr.G.Ashokapathy For M/s. Pass Associates J U D G M E N T
The defendants 6 to 12 in the suit in O.S.No.136 of 1998 and the appellants 3 to 9 are present in the second appeal. Pending the second appeal, now all the parties have entered into and amicably resolved the dispute among themselves and have
Issues for consideration
2 issues framed by the court
Whether the second appeal concerning the property dispute should be decided on merits given the amicable resolution between parties.
Whether a memoranda-of-compromise entered before judgment disposal can result in the closure of the appellate proceeding.
Parties & counsel
- appellant
Ram Manohar Logia (Deceased) / Lalitha (Deceased) / Premavathi / Subbulakshmi / Charumathi / Pushpa / Suganthi / Minor Nishanthi / Minor Karthikeyan
- respondent
Sakkubai Ammal
Coram
M.S.RAMESH
Case details
As recorded by the court registry
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