The Second Appeal under Section 100 CPC was disposed of in terms of a joint compromise decree. The parties agreed to put up glasses in the appellant's roof for sunlight and settle drainage pipe repair issues, waiving the mandatory injunction decree.
Disposed of Second Appeal in terms of Joint Compromise Memo dated 20.03.2024.
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.477 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2024
CORAM
THE HONOURABLE MR. JUSTICE P.B.BALAJI
S.A.No.477 of 2018 and CMP. No.12816 of 2018
Vinayakam
...Appellant
Vs.
Anbu Kavitha
...Respondent
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree in O.S. No.63 of 2012 on the file of the Principal District Munsif, Mayiladuthurai dated 04.07.2016 as confirmed by judgment and decree in A.S. No.27 of 2016 on the file of the Principal Sub Court, Mayiladuthurai, dated 29.11.2017.
For Appellant : Mr.P.Jawahar
For Respondent : Mr.A.Muthukumar
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S.A.No.477 of 2018
JUDGMENT
On 23.02.2024, after hearing Mr.P.Jawahar, learned counsel for the appellant and Mr.A.Muthukumar, learned counsel for the respondent, I was of the view that the issue between the parties could be narrowed down and amicably resolved. Accordingly, I requested the learned counsel on either side to explore possibility of settlement.
“1. The appellant/defendant in order to provide sun light to the respondent/plaintiff's house property, agreed to put up glasses in the roof of his 1st floor (one place) as well as roof of his 2nd floor (two places) namely in the passage leading to the appellant's rear portion of his first floor of the building instead of removing the construction put up by him on the wall of the plaintiff/respondent herein.
2.The parties agreed that the appellant/defendant shall provide this glasses one place in the roof of his 1st floor and two
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S.A.No.477 of 2018
places 2nd floor namely in the passage situate on the eastern side of his property by 1 ½ feet X 1 ½ feet within 3 months from the date of compromise decree.
3. The parties hereby agreed that if the appellant/defendant puts up glasses on the roof of his 1st and 2nd floor of the building as stated above in order to enable the plaintiff to get sun light, the decree for mandatory injunction must be waived by the plaintiff/respondent.
4. The appellant/defendant hereby agreed that the respondent/plaintiff is entitled to make repair in the drainage pipe put up on the west of his western wall.
5. If the plaintff/respondent herein wants to repair or to attend repairs to the drainage pipe which situate on the west of his western wall, he must issue a 3 day notice to the appellant/defendant either by RPAD or courier or by email or any other electronic mode to the appellant/defendant.
6. There is no further claim for the parties against each
other.
7. The parties hereby shall bear the cost through out”
and the same shall form part of the judgment. Accordingly, this Second Appeal is disposed of in terms of the said Joint Compromise Memo. Consequently, connected Miscellaneous Petition is closed. The parties shall bear their respective costs.
20.03.2024
Index : Yes/No Internet : Yes/No rkp
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S.A.No.477 of 2018
P.B.BALAJI, J,
rkp
To
1.The Principal District Munsif, Mayiladuthurai. 2.The Principal Sub Court, Mayiladuthurai.
S.A.No.477 of 2018 and CMP. No.12816 of 2018
20.03.2024
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1 issue framed by the court
Whether the second appeal should be disposed of based on a joint compromise memo?
1 provisions across 1 enactments
Vinayakam
Anbu Kavitha
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
