This short order deals with a second appeal regarding a property dispute. The appellant and first respondent reached a settlement via a joint compromise memo. In view of this settlement, the second appeal and connected miscellaneous petition were dismissed without costs or further proceedings.
Second appeal dismissed; connected miscellaneous petition closed; no costs awarded.
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: 05.02.2018 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
SA.No.726 of 2014
and MP.No.1 of 2014
Balaiyan .. 7th Defendant/7th Respondent/ Appellant
Vs
1.Manjini
2.Narayanan ..Plaintiff /Appellant/Respondent
3.Govindammal
4.Ramasamy
5.Muthalappan
6.Ramalingam
Chandrasekaran (died) ..Defendant 1 to 6/Respondent 1 to6
Respondent
7.Vijaya
8.Minor Vaishnavi,
D/o Chandrasekaran
Rep.by next friend and mother Vijaya ...LRs of 6th
Respondents /Defendants
PRAYER
Second Appeal filed under Section 100 of the Civil
Procedure Code against the Judgment and Decree of the learned
Principal Subordinate Judge, Tindivanam in AS.No.35 of 2011
dated 21.10.2013 reversing the Judgment and Decree of the
learned Additional District Munsif, Tindivanam in OS.No.14 of
2005 dated 30.06.2011.
For Appellant : Mr.A.K.Kumarasamy, Senior Counsel for Mr.A.K.Kaithamalai Kumaran For Respondents : Mr.P.B.Ramanujam for R1 : R2 to R8 - Ex-parte before court below
O R D E R
The first respondent has preferred an appeal suit in AS.No.35 of 2011 in OS.No.14 of 2005 before the Principal Subordinate Court, Tindivanam, which was partly allowed by allotting 1/3 share of the suit property to the first respondent/ appellant therein. Challenging the aforesaid order, the seventh respondent / purchaser has preferred the second appeal before this Court.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
lok
To
+1 cc to M/s.P.B.Ramanujam Advocate sr 8654 +1 cc to Mr.A.K.Kumarasamy Advocate sr 8854
SA.No.726 of 2014 and MP.No.1 of 2014
ad(co)
aa03/04/2018
3 issues framed by the court
Whether a second appeal must be returned to the parties after a settlement is reached.
The impact of a joint compromise memo on pending appeal proceedings.
Whether a case with no contesting respondents and a settlement can be dismissed.
1 provisions across 1 enactments
Balaiyan
Manjini
Narayanan
Govindammal
Ramasamy
Muthalappan
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
