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2023 Supreme(Online)(MAD) 35335

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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