KURSHEED BI(DECEASED) Vs. KUPPAMMAL

JUDGEMENT

(1.) This Memorandum of Second Appeal has been directed against the Judgment and decree dated 30.11.2000 and made in the appeal in A.S.No.59 of 1991 on the file of the Principal Subordinate Court, Ranipet, confirming the judgment and decree dated 30.03.1989 and made in the suit in O.S.No.152 of 1986 on the file of the Principal District Munsif Court at Ranipet.

(2.) When this second appeal is taken up for hearing today, Mr.R.Subramanian, learned counsel appearing for the appellants and Mr.K.Mohana Murali, learned counsel appearing for the respondents 1 to 7 have jointly submitted that the dispute between the parties has been settled and to that effect they have jointly filed a Memorandum of Compromise under Order 23, Rule 3 of the CPC.

(3.) It is manifested from the records that the appellants 1 & 2 had filed the suit in O.S.No.152 of 1986 on the file of the learned District Munsif, Ranipet, Vellore District as against one Thoppai Reddy and his wife Kuppammal, seeking the relief of declaration of their title to the suit property and for recovery of possession. That suit was dismissed. Against which, the appellants 1 & 2 had preferred an appeal in A.S.No.59 of 1991 on the file of the learned Subordinate Judge, Ranipet. Pending appeal, the first respondent, Thoppai Reddy had passed away. Subsequently his children were brought on record as respondents 3 to 8 in the appeal. The said appeal in A.S.No.59 of 1991 was also dismissed by the learned Subordinate Judge, Ranipet, confirming the judgment and decree of the Trial Court. Having been aggrieved by the judgment of the first Appellate Court, the appellants/plaintiffs have filed the present second appeal.