MADURAI BENCH OF MADRAS HIGH COURT
JEYACHANDRAN, – Appellant
Versus
KAMATCHINATHAN, – Respondent
AS(MD) 78 2018
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI
Madurai Bench of Madras High Court, Madurai - 625023
Saturday the 11th day of February 2023
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)
Presided Over by
The Honourable Mr Justice R.VIJAYAKUMAR
and
Members
MR.A.SUBRAMANIAN, District Judge(Retired) & MR.T.S.MOHAMMED
MOHIDEEN, Advocate
AS(MD) No.78 & 79 of 2018
and
C.R.P(MD)No.1159 of 2019
A.S(MD)No.78 of 2018:
1.Jeyachandran
2.J.Vasanthi (died)
3.Kanimozhi
4.Vijayarajan .. Appellants/Plaintiffs
Vs.
1.Kamatchinathan
2.Mathusoothanan .. Respondents/Defendants
Prayer in A.S.(MD)78 of 2018:
This appeal is filed under Section 96 of the Civil Procedure Code, against the decree
and judgment dated 14.09.2016 rendered in O.S.No.01 of 2020 on the file of the
Additional District Court, Virudhunagar.
A.S(MD)No.79 of 2018:
1.Jeyachandran
2.J.Vasanthi (died)
3.Kanimozhi
4.Vijayarajan .. Appellants/Plaintiffs
Vs.
Mathusoothanan .. Respondent/counter claimant
/2nd Defendant
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Prayer in A.S.(MD)79 of 2018:
This appeal is filed under Section 96 of the Civil Procedure Code, against the decree
and judgment dated 14.09.2016 rendered in counter claim in O.S.No.01 of 2010 on
the file of the Additional District Court, Virudhunagar.
C.R.P(MD)No.1159 of 2019:
1.Jeyachandran
2.J.Vasanthi (died)
3.Kanimozhi
4.Vijayarajan .. Petitioners/Respondents
Vs.
Mathusoothanan .. Respondent/Petitioner
Prayer in C.R.P(MD)No.1159 of 2019:
This petition is filed under Section 115 of the Civil Procedure Code, against the order
dated 16.04.2019 passed in E.P.No.02 of 2018 in counter claim in O.S.No.01 of 2010
on the file of the Additional District Court, Virudhunagar.
These cases came up for settlement before the Lok Adalat. Both the parties present.
The counsel for the appellants/petitioners Ms. P.Jessi Jeeva Priya for
Mr.M.Arumugam and the counsel for the respondent/s Mr.G.Mariappan are present.
After mutual discussion, negotiation, mediation and conciliation between both parties
and with the assistance of the Bench, both sides consented for settlement.
AWARD
Today, both the parties have represented that they have settled the matter
and they have also filed a joint compromise memo dated 11.02.2023. The said joint
compromise memo is recorded.
In view of the above said joint compromise memo, A.S.(MD)Nos.78 of
2018 and 79 of 2018 and C.R.P.(MD)No.1159 of 2019 are disposed of in terms of the
joint compromise memo. The joint compromise memo shall form part of the award.
The Appellants and the learned counsel appearing for the Appellants
submitted that during the pendency of the Appeal Suits and the Civil Revision
Petition, the second Appellant / second petitioner viz., Mrs. J. Vasanthi expired on
05.11.2020 and her legal heirs Mr. Jeyachandran, Ms.Kanimozhi, and Mr.Vijayarajan
were already on record and the same may be recorded in Appeal Suits and the Civil
Revision Petition.
The learned counsel for the Appellant shall produce the death certificate
and legal heirship certificate of Mrs. J. Vasanthi. On production of the death certificate
and legal heirship certificate of Mrs. J. Vasanthi, the Registry is directed to carry out
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the necessary amendment in the cause title and thereafter only issue the Award copy to
all concerned.
1.Jeyachandran
2.J.Vasanthi (died)
3.Kanimozhi
4.Vijayarajan
Counsel for the Appellants/Petitioners
KAMATCHINATHAN,
MATHUSOOTHANAN,
Counsel for the Respondents
This Lok Adalat award is passed in terms of the above settlement.
The full Court fee paid shall be refunded to the appellant in the manner provided
under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and
the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA
Act 1987 as amended in 1994.
JUDGE
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MEMBER
MEMBER
To: The Parties/Advocate concerned
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