In this second appeal regarding property rights, the High Court disposed of the matter upon a compromise. The appellant accepted Rs. 8,00,000/- and relinquished all claims in favor of the respondents, leading to the dismissal of the suit.
Appellant received Rs. 8,00,000/-; suit dismissed; second appeal disposed with relief.
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.
S.A. No. 716 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
S.A. No.716 of 2013
Salammal, W/o. Chinnaraji
... Appellant
Versus
Kuppusamy (deceased)
S.A. No. 716 of 2013
(R6 to R11 brought on records as Lrs of deceased 1st respondent vide order dated 30.10.2015 made in M.P. No.2 of 2015 in S.A.No.716 of 2013)
... Respondents
Prayer:- S econd Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 19.10.2012 made in A.S.No.13 of 2012 and Cross Appeal A.S.No.30 of 2012 on the file of Subordinate Judge, Harur reversing the judgment and decree dated 02.03.2012 made in O.S.No.55 of 2008 on the file of the District Munsiff Cum Judicial Magistrate Court, Pappireddipatty.
For Appellant : Mr.K.V.Ananthakrushnan For Respondents : Mr.M.R.Jothimanian
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S.A. No. 716 of 2013
JUDGEMENT
Today, when the matter taken up for hearing, both the appellants and the contesting respondents appeared in person along with their counsels and submitted that a compromise was arrived between the parties. As per the terms of compromise, the appellant/plaintiff agreed to receive a sum of Rs.8,00,000/- (Rupees eight lakhs only) in toto with regard to her claim over the suit property. She has received a sum of Rs.8 lakhs by way of demand draft from the court today as per the terms of compromise in para 4 stating that she relinquished all her rights in respect of the suit property in favour of defendants 2 to 5. Accordingly, on recording the joint memo of compromise and also the acceptance of demand draft by the appellant, this Second Appeal is disposed. The Joint memo of compromise shall form part and parcel of this decree. Since the plaintiff has relinquished her right by receiving a sum of Rs.8 lakhs per the terms of compromise, she has no right
to claim any relief in the suit. Hence, the suit is dismissed. No costs.
22.08.2022
rpp To Sub-Judge, Harur.
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S.A. No. 716 of 2013
T.V.THAMILSELVI, J.
rpp
S.A. No. 716 of 2013
22.08.2022
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1 issue framed by the court
Whether the second appeal requires adjudication when the parties have compromised regarding the suit claim.
1 provisions across 1 enactments
Salammal
Kuppusamy (deceased)
Kamalesan
Palaniammal
Kalaiselvan
Ranganathan
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
