Disposed

Prabakaran, v. Sebastian

Madras HC18 Dec 2020SA(MD)/772/2014

Case brief

AI extract

What is this about?

This second appeal was disposed of after the parties settled their differences and entered into a compromise. The Second Subordinate Court recorded the compromise order, allotting specific portions of the disputed land to the appellants and the first respondent accordingly.

What did the court decide?

Disposal of second appeal by recording the parties' compromise and passing a decree allotting specific portions of land to the appellants and the first respondent.

Prabakaran, Vs Sebastian — Partition | Madras HC (2020)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Friday, the Eighteenth day of December Two Thousand and Twenty

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PRESENT

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The Hon`ble Mr.Justice M.GOVINDARAJ

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SA(MD) No.772 of 2014

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Prabakaran

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Rama Prabakaran : Appellants/Respondents 4 & 5/Defendants 4 & 5

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1 SEBASTIAN,

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S/O.(LATE) PACKIYAM, SHENGABANUR, KODAIKANAL, POST & TALUK, DINDIGUL DISTRICT.

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: 1^st Respondent/Appellant/Plaintiff

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2 K.P.A.PUELA, W/O.PUSHPARAJ, 2ND FLOOR, D.NO.84,, ARANMANAIKARAR ST., CHENNAI-600 001..

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3 K.P.A.SHANTHI, W/O.VENKATESAN, 2ND FLOOR, D.NO.84,, ARANMANAIKARAR ST., CHENNAI-600 001..

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4 M.LAKSHMANAN,

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S/O.MUNIYANDI, D.NO.59, RAM NAGAR, DINDIGUL, TOWN.

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(R2 TO 4 ARE EX-PARTE IN THE LOWER,

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COURT. HENCE NOTICE MAY BE DISPENSED WITH)

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: Respondents 2 to 4/Respondents 1 to 3 / Defendants 1 to 3

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Second Appeal filed under Section 100 of Civil Procedure Code, preferred against the judgment and decree passed in A.S.No. 2 of 2014 on the file of the Sub Court, Vedasandur, dated 28.08.2014 which was reversed in the judgment and decree passed in O.S.98 of 2004 on the file of the District Munsif-cum-Judicial Magistrate, Kodaikanal, dated 06.07.2009.

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DECREE: This Second Appeal coming on for hearing on this day in the presence of MR.C.VAKEESWARAN, ADVOCATE FOR THE APPELLANT and MR.A.HARIHARAN, ADVOCATE FOR THE RESPONDENTS having settled their differences and entered into a compromise between themselves and through their respective counsels and having filed the memo of compromise duly signed by the parties as well as their Advocates and https://hcservices.ecourts.gov.in/hcservices/ upon perusing the grounds of Appeal and the judgments and decrees of the Appellate Court and the Court of First Instance and the records

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relating to the case and the memo of compromise, this Court while disposing the Second Appeal and by recording the said Memo of Compromise the Original which is annexed herewith doth order and decree as follows:-

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(1) That,the Appellants and the 1^st Respondent be and hereby are agreed that the Property in T.S.No.49 to an extent of 50 cents out of 57 cents is allotted to the 1^st Respondent herein, namely, Sebastian and the remaining 7 cents in T.S.No.49 and 40 cents in T.S.No.61 are allotted to the Appellants in the Second Appeal;

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(2) that, the Appellants and the 1^st Respondent be and hereby are agreed to act upon and there is no further claim by either of the parties; and

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ENCL : Xerox copy of Sketch.

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Assistant Registrar (CS-II)

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// True Copy //

¶28

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1 . The Sub Judge, Vedasandur.

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The District Munsif-cum-Judicial Magistrate, Kodaikanal.

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Copy to:

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, https://hcservices.ecourts.gov.in/hcservices/ Madurai - 2 Copies

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+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-26561 dated 21/12/2020 ) +2 CC to M/s.A.HARI HARAN, Advocate ( SR-26798 dated 22/12/2020 )

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ORDER DATED : 18/12/2020

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DECREE

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SA(MD)No.772 of 2014

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Nature of Decree :- Disposing the Second Appeal in terms of memo of compromise preferred against the judgment and decree passed in A.S.No. 2 of 2014 on the file of the Sub Court, Vedasandur, dated 28.08.2014 which was reversed in the judgment and decree passed in O.S.98 of 2004 on the file of the District Munsif-cum-Judicial Magistrate, Kodaikanal, dated 06.07.2009 and etc. as stated within.

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SGS(CO) CS(25.01.2021) 3P 8C

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https://hcservices.ecourts.gov.in/hcservices/

Prabakaran, v. Sebastian

Case brief

What is this about?

What did the court decide?

Prabakaran, v. Sebastian

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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