IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27-08-2008
C O R A M
The Honourable Mr. Justice M.JAICHANDREN
S.A.No.880 of 2008
1.M.Chitti Babu
2.Miss.C.Padmavathy ... Plaintiff/Appellant/Appellants
Versus
1. Mrs.Baby Ammal
2. Ashok Kumar
3. Lakshmipathi Naidu
4. Kasthuri
5. Vanitha
6. The Tahsildar,
having office at
Ponneri and Ponneri Taluk,
Pin-601 204. ... Defendants/Respondents/
Respondents
Prayer: Appeal against the judgment and decree, dated 28.01.2008, passed in A.S.No.42 of 2006 on the file of the Sub Court,Ponneri, reversing the judgment and decree passed in O.S.No.166 of 1997 dated 30.03.2005 on the file of District Munsif Court, Ponneri.
For Appellants : Mr.Ravi Kumar Paul
For Respondents : Mr.K.Venkatasubramanian
(R1 to R5)
J U D G M E N T
Today, when the matter is listed under the caption `For reporting settlement’ , the learned counsel appearing on behalf of the appellants had submitted that there has been a settlement in the matter.
A joint memo signed by the parties, as well as the counsels appearing on their behalf has been filed before this Court. The joint memo filed before this Court is as follows:
“(1) The Appellants herein have preferred the above S.A.No.880 of 2008 against the Judgment and Decree of the Subordinate Judge, Ponneri in A.S.No.42 of 2006 dated 28.01.2008 in allowing the appeal thereon and dismissing the suit.
(2)The Appellants and the Respondents 1 to 5 herein have discussed the matter in length with the help of mediators and well wishers of their respective families and they have come to a conclusion that the matter can be settled once for all and the Respondents 1 to 5 herein have agreed to give up their right, title and interest over the suit properties, for which the appellants/plaintiffs have filed a suit in O.S.No.166 of 1997 before the District Court, Ponneri, for the relief of declaration of title and for mandatory injunction to restore the patta in favour of the plaintiffs.
(3)The Appellants and Respondents 1 to 5 herein have now agreed to settle their differences and file this compromise memo with the following terms.
(a)The Judgment and Decree of the Lower Appellate Court in A.S.No.42 of 2006 on the file of the Sub-ordinate Judge, Ponneri, may be set aside.
(b)The Judgment and Decree of the Trial Court in O.S.No.166 of 1997 may be restored in so far as the prayer for declaration of title of the suit properties is concerned
(c) The parties have to bear the costs of the suit.
(d) The defendants 1 to 5 herein have no objection for the mutation of records in favour of the appellants/plaintiffs herein in respect of the suit properties.
(e) The suit against 6th Respondent herein may be dismissed as not pressed.”
2. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and in view of the joint memo filed before this Court, the Second Appeal is disposed of, in terms of the memo of compromise. The memo of compromise shall form part of the decree . No costs.
Index:Yes/No 27-08-2010
Internet:Yes/No
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To
1. The Subordinate Court,Ponneri
2. The District Munsif Court, Ponneri
M.JAICHANDREN,J
arr
S.A.No.880 of 2008
27.08.2010