Kesavan vs Rajakumari
2021 Latest Caselaw 11098 Mad

                                                      S.A.No.1098 of 2014




      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                      DATED :    29.04.2021

                             CORAM

          THE HONOURABLE Ms. JUSTICE P.T. ASHA

                        S.A.No.1098 of 2014


Kesavan                               ...     Appellant

                                Vs.
1.Rajakumari
2.Rajalakshmi

3.State Bank of India,
Chindathiripettai Branch,
Chindathiripettai,
Chennai.                              ...     Respondents

PRAYER:      Second Appeal filed under Section 100 of the Code of
Civil Procedure against the Judgment and Decree of the learned
Principal Subordinate Judge, Mayiladuturai dated 16.07.2014 in
A.S.N.27 of 2013 reversing the Judgment and Decree of the learned
Principal District Munsif, Mayiladuturai dated 15.04.2013 in
O.S.No.167 of 2011.
                                                        S.A.No.1098 of 2014




           For Appellant     :     Mr.S. Sounthar
           For Respondents :        Ms.P.Srividhya
                                   for Mr.A. Muthukumar for R1&R2

                                   Mr.Senthuraman for R3

                            JUDGMENT

The appellant and the respondents 1 and 2 have entered into a

Compromise in and by which they have agreed to the following terms:

“1.The Appellant, Respondents 1 and 2 agree that

they are entitled to 1/3rd share each on the terminal

benefits of deceased Anbalagan.

2.The Appellant, Respondents 1 and 2 agree that a

direction may be issued to 3rd respondent to disburse all

terminal benefits of deceased Anbalagan to Appellant.

Respondents 1 and 2 on equal shares (1/3rd share each).

S.A.No.1098 of 2014

3.The Appellant, Respondents 1 and 2 agree that

Appellant is entitled to full share of Anbalagan in his

ancestral house in Adhimanapurusan hamlet, Kali Post,

as mentioned in the Will dated 02.07.2008 executed by

deceased Anbalagan and to that extent the validity of

Will executed by deceased Anbalagan dated 02.07.2008

may be upheld.

4.The Appellant, Respondents 1 and 2 agree that

above Second Appeal may be disposed of on above

terms”

2.The parties have agreed that the appellant and the respondents 1

and 2 each are entitled to 1/3rd share in the terminal benefits of the

deceased Anbalagan and that the appellant is entitled to full share in the

ancestral house of Anbalagan under the Will dated 02.07.2008. The

terminal benefits are payable by the 3rd respondent Bank. It is S.A.No.1098 of 2014

P.T. ASHA, J,

mps needless to state that the Bank shall disburse the terminal benefits as

agreed by the parties.

The Joint Memorandum of Compromise filed by the parties is

taken on file and this Second Appeal is ordered in terms of

Compromise. The terms of the compromise shall form part of the

Decree. There shall be no order as to costs.

                                                            29.04.2021


Index       : Yes/No
Internet    : Yes/No
mps

To

1.The Principal Subordinate Judge, Mayiladuturai.

2.The Principal District Munsif, Mayiladuturai.

S.A.No.1098 of 2014