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2008 DIGILAW 1477 (MAD)

Poongavanam v. Thangaraj & Another

2008-04-30

M.JAICHANDREN

body2008
Judgment :- Today, when the matter is listed under the caption `For Reporting Settlement, the learned counsel appearing on behalf of the appellant had submitted that there has been a settlement in the matter. A memorandum of compromise, signed by the parties, as well as the counsels appearing on their behalf, has been filed before this Court. The memorandum of compromise filed before this Court is as follows: "Memorandum of Compromise" "1. We, Poongavanam, wife of Govindasamy Naidu, aged about 56 years, residing at Ammapettai Street, Vadaka Nandal Village, Kallakurichi Taluk, the appellant in the above second appeal; Thangaraj, son of Karuppan chettiyar, aged about 53 years and Thangavel Chettiyar, son of Muthuvel Chettiayar, aged about 64 years, both residing at Ottar Street, Vadakka Nandal Village, Kallakurichi Taluk, the respondents 1 and 2 in the above second appeal humbly submit as follows:- 2. We, the appellant and respondents 1 and 2 in the above second appeal submit that the above second appeal No.584 of 2005 arises out of the judgment and decree, dated 24.03.2003, made in A.S.No.118 of 2002, on the file of the Additional District Judge Court (Fast Track Court) at Kallakurichi, in confirming the judgment and decree, dated 31.01.2000, made in O.S.No.414 of 1994, on the file of the 1st Additional District Munsif Court, Kallakurichi. 3. We submit that the subject matter involved in the above second appeal is namely the property situated at Kallkurichi Taluk, Vadakka Nandal Village comprised in Survey No.445/2 0.02 - ¼ cents out of 0.31 cents bounded on the South by Dr.Magudamudi Hospital, West by "Kuttai" (Pool), East by Ammapettai Road and North by Narayanans site. 4. We, the parties in the above second appeal are hereby entered compromise and settled the subject matter involved in the above appeal between us amicably. In view of the settlement arrived at between them, the terms of compromise are as follows. It is hereby agreed by both the parties that the entire subject matter of suit property involved in the above second appeal absolutely belongs to the appellant/plaintiff namely Poongavanam herein and she is in possession and enjoyment of the same. In view of the settlement arrived at between them, the terms of compromise are as follows. It is hereby agreed by both the parties that the entire subject matter of suit property involved in the above second appeal absolutely belongs to the appellant/plaintiff namely Poongavanam herein and she is in possession and enjoyment of the same. The respondents 1 and 2 are also categorically agreed and consented that the subject matter of the suit property absolutely belongs to the plaintiff/appellant herein and the defendants/respondents 1 and 2 herein have no right, title and possession over the same and therefore the defendants/respondents 1 and 2 herein have no objection to decree the suit in O.S.No.414 of 1994, on the file of the the 1st Additional District Munsif Court, Kallakurichi, in favour of the plaintiff/appellant herein as prayed for without costs, in term of compromise, by allowing the above second appeal by this Honble Court. We, further humbly pray before this Honble Court that this compromise memo may be incorporated in the judgment and decree in the above second appeal. 5. For the foregoing reasons, it is most respectfully prayed that this Honble Court may be pleased to decree the suit in O.S.No.414 of 1994, on the file of the 1st Additional District Munsif Court, Kallakurichi, in favour of the plaintiff/appellant herein, as prayed for without costs, in terms of compromise, by allowing the above second appeal No.584 of 2005 by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case." 2. In view of the submission made by the learned counsels appearing on behalf of the parties concerned and in view of the joint memo filed before this Court, the judgment of both the Courts below are set aside and there will be a decree in terms of the memo of compromise. The memo of compromise shall form part of the decree. The second appeal is ordered accordingly. Consequently, connected C.M.P.Nos.8674 of 2005 is closed. No costs.