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Thirumeni Narthevar(Died) v. Arumugam(Died)

Madras HC15 Jul 2026SA(MD)/222/2017

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; SA(MD) No.222 of 2017; Justice T.V.Thamilselvi; second appeal under Section 100 CPC disposed by joint memo of compromise dated 09.02.2026; settlement of dispute over declaration and permanent injunction relating to 3 items of suit property; Survey No.161 B/13; relinquishment of rights; patta change; 13.2 meters x 12 feet land for road purposes transferred to Panchayath board; 3.5 cents southern side; companion appeal S.A. (MD)No. 40/2017; courts below: District Munsif cum Judicial Magistrate, Orathanadu (O.S.No.35 of 2004) and Sub Court, Pattukottai (A.S.No.21 of 2009; A.S.No.16/2009); legal representatives impleaded; no costs.

What did the court decide?

Second appeal disposed of in terms of the joint memo of compromise dated 09.02.2026; the Joint Memo of Compromise shall form part of the Decree; no costs.

Thirumeni Narthevar(Died) Vs Arumugam(Died) — Madras HC (2026) — LawSathi Research

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SA(MD). No.222 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 15/07/2026

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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SA(MD). No.222 of 2017

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Thirumeni Narthevar (Died) ... Appellant/Appellant/Plaintiff 2.Kumuthavalli

3.Murugaramsing

4.Senthilkumar

... Appellants

[A2 to A5 are brought on record as LRs of the deceased sole appellant vide order dated 01.04.2024 made in C.M.P(MD)Nos. 3211 and 3212 of 2024]

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1.Arumugam (Died)

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2.Bharathi ... Respondents/Respondents/Defendants

3.Alamelu

4.Kalaiyarasi

5.A.Senthilkumar

... Respondents

[R3 to R5 are brought on record as LRs of the deceased 1^st respondent vide order dated 06.07.2026 made in CMP(MD)No. 16094 of 2025]

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

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SA(MD). No.222 of 2017

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PRAYER :-

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Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 30.11.2009 made in A.S.No.21 of 2009 on the file of the Sub Court, Pattukottai confirming the judgment and decree dated 27.04.2009 made in O.S.No.35 of 2004 on the file of the District Munsif cum Judicial Magistrate, Orathanadu.

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For Appellants : Mr.G.Gomathi Sankar For Respondents : Mr.A.Senthilkumar for R2 to R5

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JUDGMENT

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The second appeal is filed against the judgment and decree dated 30.11.2009 made in A.S.No.21 of 2009 on the file of the Sub Court, Pattukottai confirming the judgment and decree dated 27.04.2009 made in O.S.No.35 of 2004 on the file of the District Munsif cum Judicial Magistrate, Orathanadu.

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2.When the matter is taken up for hearing today, the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondents 2 to 5 would submit that the disputes between the parties have been amicably settled and they filed a joint

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

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SA(MD). No.222 of 2017

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memo of compromise dated 09.02.2026. The joint compromise memo reads as follows:-

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The 1^st party has filed a suit as against the 2^nd party seeking declaration and permanent injunction regarding suit schedule properties of 3 items. The trial Court regarding 1^st item of the property was decreed and rejected other two items and further as against allowed portion, the 2^nd party filed appeal suit in A.S.No.16/2009 and allowed portion, the 1^st party filed A.S.No.21/2009 both the appeal was dismissed, as against the same, the present two appeals the 2^nd party filed in S.A. (MD)No. 40/2017 and the 1^st party filed in S.A. (MD)No.222/2017 as of now both the appeals are pending adjudication.

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It is submitted that due to the intervention of elders and friends, an amicable settlement has been arrived between the 1^st party and the 2^nd party and in accordance with the same; an agreement deed for compromise was executed between both the parties voluntarily without any compulsion as per given below and another separate compromise memo also filed for S.A. (MD)No.40/2017.

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In respect of 1^st item of suit property in Survey No. 161 B/13 which is now stance under joint patta of both parties, and the 1^st party shall relinquish their rights over

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

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SA(MD). No.222 of 2017

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the said survey number in favour of 2^nd party and further mutually agree to give 13.2 meters in length and 12 feet width of land for road purposes in the above said survey number and both parties agree to transfer the said extent in favour of the Panchayath board, as per local requirement and balance property in the said survey number the 2^nd party can change patta in their name.

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In respect of 2^nd item of suit property which is now stance under joint patta of both parties to an extant of 4.50 arce out the same the 1^st party shall enjoy the 3.5 cents southern side and change their name in respect of the above said cents and balance of the property shall enjoy and change patta in the names of 2^nd party, for which both parties are given consent.

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In respect of 3^rd item of suit property which is now stance under joint patta of both parties and the 1^st party shall relinquish their rights over the said survey number totally in favor of 2^nd party and they can change patta in their names for which the 1^st party have given consent and further as per the compromise respective parties portion they have to clear the pushes and clean the trees for the disturbance of respective parties.

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

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SA(MD). No.222 of 2017

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The above terms have been arrived at after detailed discussion and full mutual consent of both families. The both parties agree that the present compromise fully settles all issues between them in these appeals and in the related suit proceedings.”

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