Jayammal Vs Jayadev — Madras HC (2025) — LawSathi Research

Jayammal Vs Jayadev — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final decree in terms of the Memorandum of Compromise dated 06.03.2025 (348.5 cents in various survey numbers to the appellants; 351.5 in different survey numbers to the respondents); Second Appeal disposed of with no order as to costs; connected Miscellaneous Petition closed.

Ratio / Principle

The Memorandum of Compromise dated 06.03.2025, recording allotment of lands measuring 348.5 cents (various survey numbers) to the appellants and 351.5 (different survey numbers) to the respondents, shall form part of the decree and judgment.

Key takeaways

Final Decree is passed in terms of the compromise agreed between the parties.ratio¶29
Registry is directed to draft the decree in terms of the compromise on Non Judicial Stamp Papers, and the parties shall deposit the stamp papers within two weeks from the date of receipt of a copy of the judgment.ratio¶33
The Second Appeal is disposed of.ratio

Detailed headnote1 paragraphs

Madras High Court (N.Sathish Kumar, J.), S.A.No.455 of 2009 & M.P.No.1 of 2009, decided 07.03.2025: Second Appeal under Section 100 CPC by the defendants (Jayammal, Thrumalaikrishna, Amudha) against the plaintiffs (Jayadev, S.T.Kumar, S.Leelavathi, Sanjeevi Raju, Lavanya), challenging the judgment and decree of the Sub-Court, Thiruvallur in A.S.No.20 of 2007 dated 19.11.2008 confirming the decree of the District Munsif Court, Tiruttani in O.S.No.54 of 2000 dated 31.07.2006. Before adjudication, both sides filed a Memorandum of Compromise dated 06.03.2025, identified by their counsel, allotting lands measuring 348.5 cents (various survey numbers) to the appellants and 351.5 (different survey numbers) to the respondents; the memo forms part of the decree and judgment; Final Decree passed in terms of the compromise; Registry directed to draft the decree on Non Judicial Stamp Papers, to be deposited by the parties within two weeks; Second Appeal disposed of; no costs considering the relationship between the parties; connected Miscellaneous Petition closed.

S.A.No.455 of 2009

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2025

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

S.A.No.455 of 2009 and

M.P.No.1 of 2009

Jayammal

Thrumalaikrishna

Amudha ... Defendants/Appellants/Appellants

-vs-

Jayadev

S.T.Kumar

S.Leelavathi

Sanjeevi Raju

Lavanya ... Plaintiffs/Respondents/Respondents

Prayer : Second Appeal Suit is filed under Section 100 of CPC to allow the Second Appeal and set aside the judgment and decree of the Sub-Court, Thiruvallur in A.S.No.20 of 2007 dated 19.11.2008 confirming the judgment and decree of the District Munsif Court at Tiruttani in O.S.No.54 of 2000 dated 31.07.2006 and dismiss the suit.

For Appellants : Mr.S.Rajendra Kumar, Senior Counsel For M/s.Norton & Grant For R1 to R3 : Mr.K.Dhananjayan For R4 & R5 : Mr.V.Manisekaran *********

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S.A.No.455 of 2009

J U D G M E N T

This Second Appeal is listed today for recording the Memo of

Compromise.

When the matter is taken up for hearing, both the appellants

and the respondents herein, who appeared before this Court physically and are identified by their respective counsel, have filed a Memorandum of Compromise dated 06.03.2025, wherein it has been stated that lands to the extent of 348.5 cents in respect of various survey numbers are allotted to the appellants and lands to the extent of 351.5 against different survey numbers shown therein are allotted to the respondents. The Memorandum of Compromise shall form part of Decree and judgment.

The parties to the compromise memo have stated before this

Court that they are agreeable for the aforesaid amicable settlement.

In view of the above, Final Decree is passed in terms of the compromise agreed between the parties. Registry is directed to draft the

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S.A.No.455 of 2009

decree in terms of compromise on Non Judicial Stamp Papers and the parties shall deposit the Non Judicial Stamp Papers within a period of two weeks from the date of receipt of a copy of this judgment.

Accordingly, this instant Second Appeal is disposed of.

Considering the relationship between the parties, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

07.03.2025

Index: Yes / No Internet: Yes / No ar

To:

The Subordinate Judge, Thiruvallur.

The District Munsif, Tiruttani.

The Section Officer, V.R.Section, High Court, Madras.

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S.A.No.455 of 2009

N.SATHISH KUMAR,J.,

ar

S.A.No.455 of 2009

07.03.2025

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