The Madras High Court allowed a Second Appeal filed under Section 100 CPC. The court acted on the submission that the dispute was amicably settled via a joint compromise memo filed by all parties, making the compromise part of the decree.
Second Appeal allowed; joint compromise memo made part of the decree; 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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2019
Coram:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM S.A.(MD)No.390 of 2014 and M.P(MD)No.1 of 2014
1.Mani (died) 2.Leela 3.Suji 4.Viji ... Appellants/3rd Respondents/3rd Defendants
(Appellants 2 to 4 are brought on record as LRs of the deceased sole appellant vide Court order dated 01.08.2018 made in CMP(MD)No.6017 to 6019 of 2018 in SA(MD)No.390 of 2014)
Vs.
1.Abdul Saleem ...1st Respondent/Appellant/Plaintiff 2.Sahul Hameed 3.Abdul Azeez ... Respondents 2&3/Respondents 1&2/ Defendants 1&2
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the impugned judgment and decree passed by the learned Subordinate Judge, Kuzhithurai dated 28.06.2013 in A.S.No.5 of 2011 thereby reversing the judgment and decree passed by the II Additional District Munsif, Kuzhithurai dated 25.10.2010 in O.S.No.253 of 2004.
For Appellants : Mr.N.Dilip Kumar For R1 : Mrs.J.Anandavalli
JUDGMENT
Heard Mr.N.Dilip Kumar, learned counsel for the appellant and Mrs.J.Anandhavalli, learned counsel appearing for the first respondent.
2.It is submitted by the learned counsel on either side that the dispute between the parties have been amicably settled and a joint compromise memo has been filed. The appellants and https://hcservices.ecourts.gov.in/hcservices/ the respondents 1 and 2 are present along with their respective counsel.
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3.In the light of the above submissions, this Second Appeal is allowed in terms of the joint compromise memo and the joint compromise memo shall form part of the decree. No costs.
Sd/Assistant Registrar () // True Copy //
Sub Assistant Registrar(CS)
To
1.The Subordinate Judge,Kuzhithurai. 2.The II Additional District Munsif, Kuzhithurai 3.The Record Keeper,-2 copies Vernacular Section, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.J.ANANDHAVALLI, Advocate ( SR-62022[F] dated 24/04/2019 ) +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-62676[F] dated 25/04/2019 )
vsd
S.A.(MD)No.390 of 2014 and M.P(MD)No.1 of 2014 23.04.2019
KM/(29.05.2019) 3P 7C
1 issue framed by the court
Whether the Second Appeal allowed on the basis of a filed joint compromise memo.
1 provisions across 1 enactments
Mani (died) Leela Suji Viji
Abdul Saleem Sahul Hameed Abdul Azeez
K Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
