In a second appeal concerning a partition suit, the Madras High Court disposed of the appeal by decreeing in terms of a joint compromise memo filed by the parties, admitting the defendants' title and withdrawing the suit.
Decree passed in terms of the joint compromise memo; Second Appeal disposed; Connected miscellaneous petitions closed.
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(MD)No.144 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
S.A(MD)No.144 of 2012 and M.P.(MD).Nos.1 and 2 of 2012 and C.M.P(MD)No.4536 of 2022
1.M.Abdul Aziz (Died)
2.M.Mohamed Yusuf ... Appellants/ Appellants/Defendants 3.Nilofer Nisha 4.Mohammed Suhail 5.Minor.Afrahzabeen ... appellants (Minor 5th appellant is represented by her mother and natural guardian, the 3rd appellant herein)
(Appellants 3 to 5 are brought on record as the legal heirs of the 1st appellant vide order dated 01.06.2022 in C.M.P(MD)No.4535 of 2022.)
vs.
M.Sheik Abdul Khader ... Respondent/ Respondent/Plaintiff
PRAYER : Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree of the lower appellante Court dated 15.12.2011 made in A.S.No.16 of 2011 on the file of Additional District Judge, Fast Track Court, Dindigul, confirming the judgment and decree of the trial Court dated 31.01.2011 made in O.S.No.178 of 2007 on the file of the Additional Subordinate Judge, Dindigul.
JUDGMENT
The respondent in the second appeal had filed a suit in O.S.No.178 of 2007 before the Additional Sub-Court, Dindigul for the https://hcservices.ecourts.gov.in/hcservices/ relief of partition claiming 1/3rd share in the suit schedule
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S.A(MD)No.144 of 2012
property. The suit was decreed by the trial Court. The defendants have filed an appeal in A.S.No.16 of 2011 before thre Additional District Court/Fast Track Court, Dindigul. The learned appellate Judge has confirmed the judgment and decree of the trial Court. As against the concurrent findings, the present second appeal has been filed by the defendants.
// True Copy //
/06/2022 Sub Assistant Registrar(CS)
akv/gbg
To
1.The Additional District Judge, Fast Track Court, Dindigul.
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S.A(MD)No.144 of 2012
2.The Additional Subordinate Judge, Dindigul.
Copy to:
The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R. SUBRAMANIAN, Advocate( SR-24226[F] dated 01/06/2022 )
S.A(MD)No.144 of 2012 01.06.2022
MGJ(27.06.2022) 3P 6C
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1 issue framed by the court
Whether the second appeal should be disposed of based on the joint compromise memo.
1 provisions across 1 enactments
M. Abdul Aziz (Died) and others
M. Sheik Abdul Khader
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
