R. Balasubramanian v. R. B. Rani Alias Seethalakshmi
2025-04-16
K.K.RAMAKRISHNAN
body2025
DigiLaw.ai
JUDGMENT : 1. The appellant in both second appeals is the plaintiff in the suit in O.S. Nos. 80 of 2013 and 82 of 2013 on the file of the Additional Sub Court, Tirunelveli. He has filed two suits for the relief of declaration and consequential permanent injunction. 2. The appellant and respondent are husband and wife. During the pendency of the second appeals, both parties entered into a compromise and also filed two separate compromise memos in the above second appeals, which read as follows: 3. Today, when the matter was taken up for hearing both parties appeared before this Court along with their respective counsel and affirmed the terms of compromise. 4. Accordingly the second appeal in 143 of 2018 is disposed of on the following terms: 4.1. Appellant is not entitled to the suit scheduled property mentioned in the O.S.No.80 of 2013 on the file of the learned Additional Sub Court, Tirunelveli. 4.2. The respondent is entitled to the suit scheduled property mentioned in the O.S.No.80 of 2013 on the file of the learned Additional Sub Court, Tirunelveli. 4.3. The respondent is also entitled to receive the corresponding original document marked under Ex.A1 dated 11.10.1995 in O.S.No. 80 of2013. 4.4. The appellant is entitled to receive the documents mentioned in the CMP (MD) No. 3145 of 2025 in S.A.(MD) NO.143 of 2018 and registry is directed to return the said documents stated in the CMP (MD)No. 3145 of 2025 in S.A.(MD) NO.143 of 2018 to appellant. 4.5. In view of the compromise entered into between the parties during the pendency of the second appeal, the appellants are entitled to refund of the court fee. Registry is directed to refund the court fee; 4.6. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 5. Accordingly the second appeal in 144 of 2018 is disposed of on the following terms: 5.1. Appellant is entitled to the suit scheduled property mentioned in the O.S.No.82 of 2013 on the file of the learned Additional Sub Court, Tirunelveli. 5.2. The respondent is not entitled to the suit scheduled property mentioned in the O.S.No.82 of 2013 on the file of the learned Additional Sub Court, Tirunelveli. 5.3. The appellant is also entitled to corresponding original document marked under Ex.A2 dated 24.11.1995 in O.S.No. 80 of 2013. 5.2.
5.2. The respondent is not entitled to the suit scheduled property mentioned in the O.S.No.82 of 2013 on the file of the learned Additional Sub Court, Tirunelveli. 5.3. The appellant is also entitled to corresponding original document marked under Ex.A2 dated 24.11.1995 in O.S.No. 80 of 2013. 5.2. In view of the compromise entered into between the parties during the pendency of the second appeal, the appellants are entitled to refund of the court fee. Registry is directed to refund the court fee; 5.3. The terms of the compromise memos shall form part of this order. 6. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.