S.Mohan v. M.Shanthi
Case brief
What is this about?
The High Court disposed of a Second Appeal by recording a Memo of Compromise filed by the parties. The decree allocates specific property portions (passage, toilet, and main premises) to the appellants and respondent respectively and ensures peaceful possession.
What did the court decide?
The appellants were granted exclusive possession of 115 sq.ft. passage and 20 sq.ft. toilet; the respondent was granted exclusive possession of 941.50 sq.ft. remaining premises. Costs were reserved.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
TTHURSDAY THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
SA.No.780 of 2017
1.S.Mohan
2.S.Tamilarasu .. Defendants/Appellants/ Appellants
Vs.
M.Shanthi .. Plaintiff/Respondent/Respondent
Prayer:- Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree of the Court of the XVII Additional Judge, City Civil Court, Chennai dated 18.03.2016 made in AS.No.123/2015 confirming the judgment and decree of the Court of the VI Assistant Judge, City Civil Court, Chennai dated 30.01.2015 made in OS.No.7014/2008.
Decree : This Second Appeal coming on for hearing on this day upon perusing the grounds of Second Appeal the judgment and decree and material papers of the Lower Court and upon hearing the argument of Mr.V.Sankar, Advocate for the appellant and of Ms.P.Nisha Priyadharshini, Advocate for the Respondent and the parties herein having entered into a compromise between themselves and having filed into Court a Memo of Compromise requesting the Court to pass a decree in the appeal interms hereof and the Memo of Compromise duly signed by the parties and by their respective counsel upon perusing the grouns Second Appeal and the judgments and decee of the Lower Appellate Court and the Court of first instance and the material papers in the Suit and in the memo filed herein, this Court doth record the said Memo of Compromise, the original of which is recorded herewith and disposed of this Scond Appeal in terms of the Joint Memo of Compromise doth order and decree as follows:
Issues for consideration
2 issues framed by the court
Whether the Second Appeal should be decided based on the facts of record or the parties' compromise memo.
Whether the parties had successfully entered into a settlement regarding the partition of suit premises.
Parties & counsel
- appellant
S.Mohan
- appellant
S.Tamilarasu
- respondent
M.Shanthi
Coram
Case details
As recorded by the court registry
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