Disposed

Kv Mohamed Ali S/O.Pn Hasan Ko v. Gowthaman S/O.Selvadurai 62-D

Madras HC9 Dec 2024SA/2132/2004

Case brief

AI extract

What is this about?

Second appeal concerning 0.55 cents out of a larger holding. Appellant and respondents 1 to 6 entered a memorandum of compromise; claims against respondents 7 to 12 were given up. The High Court recorded the compromise, made its terms and annexed plan part of the decree, and disposed of the appeal.

What did the court decide?

Compromise recorded; appeal disposed of per compromise terms; connected CMP closed; no costs.

Kv Mohamed Ali S/O.Pn Hasan Ko Vs Gowthaman S/O.Selvadurai… — Property and Title | Madras HC (2024)

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S.A.No.2132 of 2004

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 09.12.2024

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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S.A.No.2132 of 2004 and

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CMP.No.18233 of 2004

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K.V.Mohamed Ali .. Appellant

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Vs.

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1.Gowthaman

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2.Thamaraiselvi

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3.Major Ramya

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Karnan

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5.Selvam

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6.Chinnamuthu

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7.Venkatachalam

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8.Ramasamy

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9.Rukmani

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10.Lakshmi

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11.Ayyandurai 12.L.Jayakumar

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.. Respondents

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[R3 Ramya declared as Major and her guardian and next frient Thamaraiselvi discharged, vide Court order dated 06.11.2024 mad in CMP.Nos.7371 & 7372 of 2024 in S.A.No.2132 of 2004. (TVTSJ)]

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PRAYER : Second Appeal is filed under Section 100 of the Code of Civil

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https://www.mhc.tn.gov.in/judis

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S.A.No.2132 of 2004

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Procedure, prayed to set aside the Judgment and Decree passed in A.S.No.118 of 2003 dated 24.08.2024 on the file of I Principal District Court, Salem confirming the judgement and decree passed in O.S.No.1912 of 1996 on the file of the I Additional District Munsiff Court, Salem dated 06.11.2002.

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For Appellant : M/s.P.T.Ramadevi For R1 to R6 : M/s.Zeenath Begam For R12 : Mr.A.Sundaravadanam For R8 : No appearance For R7, 9 to 11 : Died, Ex-parte.

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J U D G M E N T

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The appellant has filed this Second Appeal against the Judgment and Decree passed in A.S.No.118 of 2003 dated 24.08.2024 on the file of I Principal District Court, Salem confirming the judgement and decree passed in O.S.No.1912 of 1996 on the file of the I Additional District Munsiff Court, Salem dated 06.11.2002.

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The appellant is 8th defendant, and respondents 1 to 6 are the plaintiff in the suit O.S.No.1912 of 1996. This suit pertains only to 0.55 cents, out of total 5.38 acre described in the plain schedule. Between the parties, a memorandum of compromise was entered. The claims against Respondents 7

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https://www.mhc.tn.gov.in/judis

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S.A.No.2132 of 2004

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to 12 were given up by the appellant. With respect to the 0.55 cents, a compromise was reached between the appellant and the respondents 1 to 6. The Memorandum of compromise was agreed upon by the parties.

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The appellant and Respondents 1 to 6 appeared in person along with their respective counsel. The terms of compromise deed were accepted and are to be duly corrected. Accordingly, the compromise is recorded.

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The terms of compromise, along with the coloured plan annexed to the compromise, form part of the degree.

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As a result, the second Appeal is disposed of. Consequently, the

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connected miscellaneous petition is closed. There shall be no order as to costs.

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09.12.2024

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Index : Yes/No Speaking Order: Yes/No Nutral citation: Yes/No rri

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T.V.THAMILSELVI, J.

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https://www.mhc.tn.gov.in/judis

S.A.No.2132 of 2004

rri

1.The I Additional District Munsiff, Salem.

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The I Principal District Judge, Salem.

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3.The Section Officer, VR Section, High Court of Madras.

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S.A.No.2132 of 2004 and CMP.No.18233 of 2004

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09.12.2024

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https://www.mhc.tn.gov.in/judis

Kv Mohamed Ali S/O.Pn Hasan Ko v. Gowthaman S/O.Selvadurai 62-D

Case brief

What is this about?

What did the court decide?

Kv Mohamed Ali S/O.Pn Hasan Ko v. Gowthaman S/O.Selvadurai 62-D

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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