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Thilagavathy, (Died) Vs M.Thangavel — Madras HC (2025) — LawSathi Research

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Thilagavathy, (Died) Vs M.ThangavelThilagavathy, (Died) v. M.Thangavel

Disposed¶23

Thilagavathy, (Died) v. M.Thangavel

Madras HC28 Jan 2025SA(MD)/70/2012

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court; S.A.(MD)No.70 of 2012; decided 28.01.2025 by S.Srimathy J.; second appeal under Section 100 CPC arising from A.S.No.34 of 2010 (Sub Court, Pudukkottai) partly reversing O.S.No.86 of 2005 (District Munsif Cum Judicial Magistrate, Orathanadu); appellants Thilagavathy (died) and legal heirs G.N.Ravi Sankar, M.Lalithadevi, B.Vijayarani, G.N.Gopal Rethinam; respondents M.Thangavel, Kamal Batcha, Abdul Lathif; disposal by joint compromise memo dated 28.01.2025 recorded and made part of decree; consent disposal; no costs; no issues framed or holdings rendered.

What did the court decide?

Second appeal disposed of in terms of the joint compromise memo dated 28.01.2025, which stands recorded and shall form part and parcel of the judgment and decree; liberty reserved to parties to approach the Court if any difficulty arises in implementing the memo; no costs.

What the court decided

AI extract

Outcome

Second appeal disposed of in terms of the joint compromise memo dated 28.01.2025, which stands recorded and shall form part and parcel of the judgment and decree; liberty reserved to parties to approach the Court if any difficulty arises in implementing the memo; no costs.

Detailed headnote1 paragraphs

Civil second appeal (S.A.(MD)No.70 of 2012) preferred under Section 100 of the Civil Procedure Code against the judgment and decree dated 31.03.2011 in A.S.No.34 of 2010 (Sub Court, Pudukkottai), which had partly reversed the judgment and decree dated 18.03.2010 in O.S.No.86 of 2005 (District Munsif Cum Judicial Magistrate, Orathanadu). The original plaintiff (sole appellant, Thilagavathy) died during the appeal and her legal heirs (appellants 2 to 5) were brought on record by order dated 14.03.2017 in CMP(MD)No.7049 of 2016. Pending the appeal, the parties settled the matter out of court and filed a joint compromise memo dated 28.01.2025. The High Court recorded the compromise, declared the memo part and parcel of the judgment and decree, preserved the parties' liberty to approach the Court for difficulty in implementation, and disposed of the second appeal accordingly, with no costs. No substantive issue on the title/dispute was decided; no precedent was cited or considered.

A

S.A.(MD).No.70 of 2012

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

S.A.(MD).No.70 of 2012

1.Thilagavathy (Died) 2.G.N.Ravi Sankar 3.M.Lalithadevi 4.B.Vijayarani 5.G.N.Gopal Rethinam

... Appellants

(Appellants 2 to 5 are brought on record as LRs of deceased sole appellant, vide Court order, dated 14.03.2017, made in CMP(MD)No.7049 of 2016 in SA(MD)No.70 of 2012)

/Vs./

1.M.Thangavel

2.Kamal Batcha 3.Abdul Lathif

...Respondents

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 31.03.2011, made in A.S.No.34 of 2010 on the file of the Sub Court, Pudukkottai, partly reversing the Judgment and Decree, dated 18.03.2010, made in O.S.No.86 of 2005 on the file of the District Munsif Cum Judicial Magistrate, Orathanadu.

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S.A.(MD).No.70 of 2012

A1 : Died For A2, A3 and A5 : Mr.N.Balakrishnan For A4 : Mr.B.Anandan For Respondents : Mr.Ponkarthikeyan *****

JUDGMENT

The present second appeal is preferred by the plaintiff against the judgment and decree, dated 31.03.2011, made in A.S.No.34 of 2010 on the file of the Sub Court, Pudukkottai, partly reversing the judgment and decree, dated 18.03.2010, made in O.S.No.86 of 2005 on the file of the District Munsif Cum Judicial Magistrate, Orathanadu.

2.The plaintiff in the suit is the deceased 1 st appellant herein and the defendants in the suit are the respondents herein. The legal heirs of the deceased

1st appellant herein / plaintiff are impleaded as appellants 2 to 5 herein.

3.Pending second appeal, the parties have entered into a compromise and they have filed a joint compromise memo, dated 28.01.2025. The said joint compromise memo is recorded. The joint compromise memo shall form part and

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S.A.(MD).No.70 of 2012

parcel of the judgment and decree. If there is any difficulty in implementing the terms of the joint compromise memo, the parties are at liberty to approach this Court.

4.Based on the terms of the joint compromise memo, the second appeal is

disposed of. No costs.

28.01.2025

Index : Yes / No NCC : Yes / No Tmg

TO:

Sub Court, Pudukkottai.

District Munsif Cum Judicial Magistrate, Orathanadu.

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S.A.(MD).No.70 of 2012

S.SRIMATHY, J.

Tmg

Judgment made in S.A.(MD)No.70 of 2012

Dated: 28.01.2025

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Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure Code100¶14

Procedural history

How this case reached the court

AI extract

Order under challenge
First appellate judgment and decree dated 31.03.2011 in A.S.No.34 of 2010, Sub Court, Pudukkottai, which partly reversed the trial court judgment and decree dated 18.03.2010 in O.S.No.86 of 2005¶14
Sub Court, Pudukkottai · 31.03.2011
Prior proceeding
Original suit O.S.No.86 of 2005 before the District Munsif Cum Judicial Magistrate, Orathanadu, decreed by judgment and decree dated 18.03.2010¶14
Prior proceeding
Legal heirs impleaded as Appellants 2 to 5 in place of the deceased sole appellant (original plaintiff) by Court order dated 14.03.2017 in CMP(MD)No.7049 of 2016¶9
Prior proceeding
During pendency of the second appeal, the parties entered into a compromise and filed a joint compromise memo dated 28.01.2025, which was recorded and directed to form part of the judgment and decree¶23

Parties & counsel

AI extract

appellant
Thilagavathy (Died)¶7
appellant
G.N.Ravi Sankar¶7
Mr.N.Balakrishnan
appellant
M.Lalithadevi¶7
Mr.N.Balakrishnan
appellant
B.Vijayarani¶7
Mr.B.Anandan
appellant
G.N.Gopal Rethinam¶7
Mr.N.Balakrishnan
respondent
M.Thangavel¶11
Mr.Ponkarthikeyan
respondent
Kamal Batcha¶12
Mr.Ponkarthikeyan
respondent
Abdul Lathif¶12
Mr.Ponkarthikeyan

Coram

AI extract

Mrs.Justice S.Srimathyauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 28 Jan 2025 · January
Registered: 23 Feb 2012
Case no.: SA(MD)/70/2012
CNR: HCMD010019362012
Bench: S.srimathy
Disposal: DISPOSED OF
Case type: S.A.(MD)

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Cite this judgement

Thilagavathy, (Died) v. M.Thangavel, SA(MD)/70/2012 (MAD), decided on 28 January 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Procedure Code100

View all statutes

Procedural history4

First appellate judgment and decree dated 31.03.2011 in A.S.No.34 of 2010, Sub Court, Pudukkottai, which partly reversed the trial court judgment and decree dated 18.03.2010 in O.S.No.86 of 2005Sub Court, Pudukkottai · 31.03.2011
Original suit O.S.No.86 of 2005 before the District Munsif Cum Judicial Magistrate, Orathanadu, decreed by judgment and decree dated 18.03.2010
Legal heirs impleaded as Appellants 2 to 5 in place of the deceased sole appellant (original plaintiff) by Court order dated 14.03.2017 in CMP(MD)No.7049 of 2016

View full history

Bench / Coram

Mrs.Justice S.Srimathy

Parties & counsel