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Latha, v. Srimathi,

DISPOSED OF
Court
High Court of Madras
Decided
13 October 2023
Bench
S Justice S.Srimathyauthor
Case no.
SA(MD) 68/2019

Judgment

JUDGMENT This Second appeal has been filed against the Judgment and Decree passed by the Principal Subordinate Court, Nagercoil, dated

30.10.2018 made in A.S.No.71 of 2017, confirming the Judgment and Decree passed by the Additional District Munsif Court, Nagercoil, made in O.S.No.490 of 2010, dated 24.03.2017

¶2Heard Mr.D.Srinivasaragavan, the Learned Counsel appearing for the Appellants and Mr.D.Pragalathan, the Learned Counsel appearing for the Respondent and perused the material documents available on record.

¶3For the sake of convenience, the contesting parties shall be referred to as Plaintiff and Defendants. The Defendants are the appellants and the plaintiff is the Respondent herein.

¶4The Plaintiff has filed a suit in O.S.No.490 of 2010 before the Learned Additional District Munsif Court, Nagercoil to pass Decree directing the defendants to vacate the Plaint schedule property and surrender vacant possession to the Plaintiff and the suit was decreed in favour of the Plaintiff on 24.03.2017. Against the said Judgment and Decree, the Defendants have preferred an appeal in A.S.No.71 of 2017 before the Principal Subordinate Court, Nagercoil and the said appeal suit was decreed in favour of the Plaintiff. This Second Appeal is filed against the concurrent findings given by the Courts below.

¶5Pending Second appeal the matter was referred to the Mediation and Conciliation Centre attached to this Court. The matter was settled amicably between the parties and the Statement of Agreement was produced before this Court. The Statement of Agreement is reproduced hereunder:

¶6Hence, the Second Appeal is disposed of in terms of the Statement of Agreement. The suit shall be decreed as per the Statement of Agreement. The Statement of Agreement, dated 12.10.2023 shall form part and parcel of this Judgment. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

13.10.2023 Index : Yes / No NCC : Yes / No ksa TO:

¶1The Principal Subordinate Court, Nagercoil.

¶2The Additional District Munsif Court, Nagercoil.

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

S.SRIMATHY, J.

ksa S.A.(MD)No.68 of 2019

13.10.2023

Case details

Parties and counsel

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.2142 of 2019 1. Latha 2. Chandra Kala 3. Narayanaperumal ... Appellants /Vs./ Srimathi ...Respondent P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed by the Principal Subordinate Court, Nagercoil, dated 30.10.2018 made in A.S.No.71 of 2017, confirming the Judgment and Decree passed by the Additional District Munsif Court, Nagercoil, made in O.S.No.490 of 2010 dated 24.03.2017 and allow the Second Appeal. For Appellants : Mr.D.Srinivasaragavan For Respondent : Mr.D.Pragalathan

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.