B.Shantha Devi vs V.Vasanthakumar
2021 Latest Caselaw 10762 Mad

Citation : 2021 Latest Caselaw 10762 Mad
Judgement Date : 27 April, 2021

Madras High Court

B.Shantha Devi vs V.Vasanthakumar on 27 April, 2021

                                                                                      A.S.No.640 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 27.04.2021

                                                       CORAM

                                   THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                   A.S.No.640 of 2019


                     B.Shantha Devi                                             ...   Appellant


                                                           ..Vs..

                     1.V.Vasanthakumar
                     2.S.Selvanayaki                                           ... Respondents



                     Prayer : First Appeal filed under Section 96 r/w or 41 R1 of the Civil
                     Procedure Code, 1908 against the judgment and decree dated 05.09.2017
                     made in O.S.No.130 of 2006 on the file of I Additional District Court,
                     Coimbatore, in so far as it is against the Appellant herein.




                                      For Appellant   ..     Mr.A.Deivasigamani
                                      For Respondents ..     Mr.K.S.Karthik Raja (R1)
                                                             Ms.S.Selvanayaki (party-in-person)
                                                                                     (R2)



                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                                      A.S.No.640 of 2019


                                                     JUDGMENT

When this Appeal Suit is taken up for hearing, the learned counsel

appearing on either side submitted that the dispute have been settled

between the parties and a Memorandum of Compromise dated 31.03.2021

has been filed to that effect,which reads as under:

"1. The Appellant/Plaintiff and the Respondents/Defendants have agreed to settle the issues between them in the Original Suit in O.S.No.130 of 2006 on the file of the I Additional District Court, Coimbatore amicably. The Appellant/Plaintiff has agreed to withdraw the above said Appeal Suit in A.S.No.640 of 2019 filed against the Judgment and decree dated 5/9/2017 made in O.S.No.130 of 2006 on the file of I Additional District Court, Coimbatore with respect to the suit properties in Schedule A, B & C only, for which the Defendant No.1/Respondent No.1 had paid a sum of Rs.15,00,000/- (Fifteen Lakhs only) vide Demand Drafts Nos:500712 & 500713 both dated 24.03.2021 drawn at Bank of Baroda bank for Rs.7,50,000 each total Rs.15,00,000/- towards full and final settlement with regard to the properties in Schedule A, B & C only.

2. The Respondent No.2/Defendant

https://www.mhc.tn.gov.in/judis/ A.S.No.640 of 2019

No.2 had not claimed any share in any of the properties mentioned in Schedule A to D in O.S.No.130 of 2006 on the file of the Additional District Court, Coimbatore and now since a property has been purchased in the name of the Respondent No.2/Defendant No.2 by the 1st Respondent, she agrees for passing of a compromise decree with respect to Schedule mentioned property and confirms that she has no right or claim in any properties mentioned in Schedule A to D.

3. The Appellant/Plaintiff and the Respondents/Defendants have agreed for passing of a compromise decree with respect to Schedule D mentioned property by confirming 1/3rd share of the Appellant/Plaintiff as ordered in Judgment and decree dated 5/9/2017 passed in O.S.No.130 of 2006 on the file of the I Additional District Court, Coimbatore. The Appellant/Plaintiff had also agreed to pass a compromise decree for 2/3 shares of the Respondent No.1/Defendant No.1 in Schedule D mentioned property.

4. The Appellant/Plaintiff and the Respondents/Defendants hereby declare that the Judgment and decree dated 5/9/2017 made in O.S.No:130/2016 on the file of Court of the First Additional District Judge, Coimbatore which uploads the Registered WILL executed by Meenakshiammal and marked as Exhibit B7 has become final, in so far as the suit properties in Schedule A to

https://www.mhc.tn.gov.in/judis/ A.S.No.640 of 2019

C are concerned.

5.The Memorandum of Compromise is the full and final settlement between the parties and there shall not be any claim whatsoever in future. The parties shall bear their own costs."

2. In view of the same, this Appeal Suit is decreed in terms of

Memorandum of Compromise. The Memorandum of Compromise shall

form part of the decree. No costs.

3. The learned counsel for the appellant filed a Memo dated

31.03.2021, seeking refund of Court fee to the extent of Rs.5,000/- (Rupees

Five Thousand).

4. In view of the Memo filed by the learned counsel for the appellant,

Registry is directed to refund the eligible Court fees, as per rules.

27.04.2021 Index: Yes/No Speaking Order/Non Speaking Order arr

https://www.mhc.tn.gov.in/judis/ A.S.No.640 of 2019

The I Additional District Court, Coimbatore,

KRISHNAN RAMASAMY, J.