Shobana Subramani v. Chithra

ORDER This petition has been filed to set aside the judgment and decree of the learned Sub Judge, Coonoor dated 29.08.2018 passed in A.S.No.10 of 2018 confirming the judgement and decree of the learned District Munsif Kotagiri dated 17/04/2017 passed in O.S. No.59 of 2008.

¶2A joint Memo is filed by the learned counsel for the appellant and the respondents along with Memorandum of Compromise dated 29.07.2025 entered into between the parties. The terms of the Memo of compromise were read over to the involved parties, and they accepted the same. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The parties admit their signatures in the Compromise agreement. The scanned reproduction of the joint memorandum of compromise is as hereunder:

3.The said joint memorandum of compromise has been signed by both parties and counter signed by their respective counsel. The appellant namely Dr.Shobana Subramani was present before us in the physical Court, whereas, the respondent namely Chithra, appeared through Video conferencing and the parties identified each other and also the parties were identified by their respective counsel. After interacting with the parties, I am satisfied that the parties have voluntarily entered into joint memorandum of compromise. Hence, I am inclined to accept it.

4.In view of the above, this Second Appeal decreed in terms of memo of compromise and the same shall form part and parcel of the decree. Consequently, connected miscellaneous petitions are closed. No costs. 29-07-2025 vsn Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.CHITHRA W/o. Late K. Subramanian, 41/21d-3, Rose View, Near Kambai Kadai, Kotagiri-217

2.P.A. Nandhi S/o. Ajja Gowder, Pudumund, Naduhatty Village, Nihung Post, Kotagiri , Nilgiris Dist CMP No. 20063 of 2019 To

1.CHITHRA W/o. Late K. Subramanian, 41/21d-3, Rose View, Near Kambai Kadai, Kotagiri-217

2.P.A. Nandhi S/o. Ajja Gowder, Pudumund, Naduhatty Village, Nihung Post, Kotagiri , Nilgiris Dist CMP No. 3852 of 2020 To

1.Shobana Subramani Alports Kotagiri Post, Nilgiris District 643 217

2.K.R.Subramani S/o Late Rama Gounder, Alports Kotagiri Post, Nilgiris District 643 217

3.P.A.Nandhi S/o Ajja Gouwder, Pudumund, Naduhatty Villag, E Nihung Post, Kotagiri, Nilgiris District 643 217 SAeNo.e941eofe2019 K.GOVINDARAJANo THILAKAVADIoJ. vsn SAoNo.o941oofo2019 ANDoCMPoNO.o20063o OFo2019,CMPoNO.o3852o OFo2020 29-07-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2025 CORAM THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI AND CMP NO. 20063 OF 2019,CMP NO. 3852 OF 2020 1. Dr.Shobana Subramani W/o. K.R. Subramani, Alports , Kotagiri Post, -17, Nilgiris Dist 2.K.R. Subramani W/o. Late K.Subramanian, 41/21d-3, Rose View, Near Kambai Kadai, Kotagiri -17 Appellant(s) Vs 1. Chithra W/o. Late K. Subramanian, 41/21d-3, Rose View, Near Kambai Kadai, Kotagiri-217 2.P.A. Nandhi S/o. Ajja Gowder, Pudumund, Naduhatty Village, Nihung Post, Kotagiri , Nilgiris Dist Respondent(s) CMP No. 20063 of 2019 1. Shobana Subramani W/o. K.R. Subramani, Alports , Kotagiri Post, -17, Nilgiris Dist 2.K.R. Subramani W/o. Late K.Subramanian, 41/21d-3, Rose View, Near Kambai Kadai, Kotagiri -17 Appellant(s) Vs 1. CHITHRA W/o. Late K. Subramanian, 41/21d-3, Rose View, Near Kambai Kadai, Kotagiri-217 2.P.A. Nandhi S/o. Ajja Gowder, Pudumund, Naduhatty Village, Nihung Post, Kotagiri , Nilgiris Dist Respondent(s) CMP No. 3852 of 2020 1. CHITHRA W/o. Late K. Subramanian, 41/21d-3, Rose View, Near Kambai Kadai, Kotagiri-643 217 Nilgiris District Appellant(s) Vs 1. Shobana Subramani Alports Kotagiri Post, Nilgiris District 643 217 2.K.R.Subramani S/o Late Rama Gounder, Alports Kotagiri Post, Nilgiris District 643 217 3.P.A.Nandhi S/o Ajja Gouwder, Pudumund, Naduhatty Villag, E Nihung Post, Kotagiri, Nilgiris District 643 217 Respondent(s) PRAYER To set aside the judgment and decree of the learned sub judge Coonoor District 29/08/2018 passed in As No.10/2018 confirming the judgement and decree of the learned Dist Munsif Kotagiri dated 17/04/2017 passed in O.S. No.59/2008 CMP No. 20063 of 2019 PRAYER To stay all further proceedings pursuant to the judgment and decree District 17/04/2017 in O.S. No.59/2008 on the file of the District Munsif Court Kothagiri as confirmed by the judgement and decree dated 29/08/2018 in A.S No.10/2018 on the file of the Sub Court Coonoor pending disposal of the above SA. CMP No. 3852 of 2020 PRAYER To vacate the stay granted in CMP No.20063 of 2019 in SA No.941 of 201 9 on 23-09-2019 For Appellant(s): M/s J.Antony Jesus For Respondent(s): M/s.M.B.Dominique For R1 No appearance for R2