Challenging the judgment and decree passed in A.S.No.126 of 2005, on the file of II Additional Subordinate Court, Nagercoil modifying the judgment and decree passed in O.S.No.606 of 1996, on the file of II Additional District Munsif Court, Kuzhithurai, the eighth defendant has filed the above Second Appeal.
2. The appellant has given up the respondents 2 to 15 in the Second Appeal.
3. When the Second Appeal was taken up for hearing, the learned Counsel appearing on either side submitted that the appellant/8th defendant and the first respondent had settled the matter out of Court and also entered into a joint memorandum of compromise dated 26.01.2017.
4. As per the memorandum of compromise, the appellant paid a sum of Rs.1,50,000/-(Rupees One Lakh and Fifty Thousand only) by way of Demand Draft to the first respondent. The appellant and the first respondent are present in the Court and they have also acknowledged the due execution of joint memorandum of compromise dated 26.01.2017. On receiving the sum of Rs.1,50,000/- towards the value of the first respondent's entire share in item No.2 of the suit properties, he had relinquished his title in favour of the appellant in respect of Item No.2 of the suit properties. It was agreed that the Second Appeal may be dismissed insofar as item Nos.1 and 3 are concerned.
5. The learned Counsel appearing on either side submitted that the Second Appeal may be disposed of in terms of joint memorandum of compromise dated 26.01.2017 and 06.02.2017.
6. Having regard to the submissions made by the learned Counsel appearing on either side, the memorandum of compromise dated 26.01.2017 and 06.02.2017 are taken on record and shall form part of the record. The Second Appeal stands disposed of in terms of the joint compromise memo filed by the parties. The terms of compromise shall form part of the decree passed in the above Second Appeal. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.
To
1. II Additional Subordinate Court, Nagercoil.
2. II Additional District Munsif Court, Kuzhithurai..