Madras High Court
Rahul Sadagopan vs Sandhya Shankar on 1 April, 2021
O.S.A No. 132 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2021
CORAM :
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
AND
THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
O.S.A. No. 132 of 2021
Rahul Sadagopan ... Appellant
-vs-
N. Shankara Subramanian (Deceased)
Rajehwari Thyagarajan (Deceased)
1. Sandhya Shankar
2. Vidhwath Shankar
3. Vaishwath Shankar ...
Respondents
PRAYER:- Original Side Appeal filed under Order XXXVI Rule 1 of the Original
Side Rules read with Clause 15 of the Letters Patent, praying to set aside the fair
and decreetal order dated 17.12.2020 passed in Appl. No. 476 of 2016 in O.P. No.
417 of 2002, allow the present appeal.
For Appellant : Mr. Srinath Sridevan
For Respondents : Mr. B.Arvind Srevatsa
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O.S.A No. 132 of 2021
JUDGMENT
(Judgment of the Court was made by P.D. AUDIKESAVALU, J.,)
(through video conference)
The intra-court appeal arises out of the order dated 17.12.2020 in Appln.
No. 476 of 2016 in O.P. No. 417 of 2002 passed by the Learned Judge on the
Original Side of this Court dismissing the application filed by the Appellant to
revoke the Letters of Administration granted for the Will dated 23.10.1985
executed by Mrs. Meenakshi Natarajan (who died on 10.12.1999) by order dated
18.12.2002 in O.P. No. 417 of 2002, as not maintainable.
2. The Appellant and the Respondents are the grandchildren of the said
testator, viz., Mrs. Meenakshi Natarajan. As per the terms of the said Will of the
said testator, the Respondents have now become the beneficiaries of her properties
under the Will, and in this appeal, the exclusion of the Appellant has been
assailed. It is represented that in consideration of love and affection and in order to
maintain harmony in the family and avoid unnecessary time spent in further
litigation, the Respondents have agreed to pay a sum of Rs.50,00,000/- to the
Appellant in full and final settlement of all claims inter se the parties and the
Appellant also accepts the same. In furtherance thereto, the Appellant and the
Respondents have on 01.04.2021 entered into a Joint Memorandum of
Compromise in which it has been stated as follows:-
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O.S.A No. 132 of 2021
"10. Accordingly, the parties agree as under:
10.a Respondents jointly and severally undertake to pay to
Appellant the sum of Rs.50,00,000/- in the manner set
out in Paragraph No. 10.c hereunder in full satisfaction
and full and final settlement of all claims and issues
between the Appellant and the Respondents herein.
10.b In consideration of the due compliance by Respondents
of their obligations in Clause 10.a, the Appellant
confirms that the Will dated 23.10.1995 executed by his
grandmother Late Mrs. Meenakshi Natarajan is true and
genuine.
10.c The above-mentioned amount of Rs.50,00,000/- shall be
paid by the Respondents 1 to 3 to the Appellant in the
following manner:
Date of Payment Amount (in Rupees)
01.04.2021 Rs.14,00,000/-
On or before 31.05.2021 Rs.12,00,000/-
On or before 31.07.2021 Rs.12,00,000/-
On or before 30.09.2021 Rs.12,00,000/-
TOTAL Rs.50,00,000/-
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O.S.A No. 132 of 2021
11. The payment of the Second, Third and Fourth instalments
shall be made by the Respondents to the Appellant by NEFT/RTGS
to the Bank Account of the Appellant. The Bank details for
remittance of the Second, Third and Fourth instalments by way of
RTGS/NEFT in favour of the Appellant herein is as follows:
Name : RAHUL SADAGOPAN
Bank : ICICI Bank, Santhome
Branch : Santhome Branch
Account No.: 015201526437
IFSC : ICIC0000212
12. WHEREFORE IT IS PRAYED THAT the above Original Side
Appeal in OSA No. 132 of 2021 may kindly be disposed of by
recording the above terms of the Joint Memorandum of Compromise
and the Joint Memorandum of Compromise may kindly be read as
part and parcel of Judgment in OSA No. 132 of 2021.
The first payment of Rs.14,00,000/- (Rupees Fourteen Lakhs
Only) bearing No. 144380 dated 01.04.2021, drawn on IDBI Bank,
Alwarpet Branch in favour of Mr. Rahul Sadagopan (the Appellant
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O.S.A No. 132 of 2021
herein), is enclosed herewith and the Appellant acknowledges the
receipt of the same and the same is subject to realisation.”
The Appellant and the Respondents have appeared through video conference and
have been identified by their respective Learned Counsel, who are present in Court
today. The parties have confirmed that the settlement has been entered into
between them after due deliberations and to their full satisfaction. Accordingly, the
said Joint Memorandum of Compromise is recorded.
In the result, the Original Side Appeal is disposed on the following terms:-
(i) The impugned order dated 17.12.2020 in Appln. No. 476 of 2016 in O.P.
No. 417 of 2002 passed by the Learned Judge on the Original Side of this
Court dismissing the application filed by the Appellant to revoke the letters
of administration granted by order dated 18.12.2002 in O.P. No. 417 of
2002, is confirmed;
(ii) The Joint Memorandum of Compromise dated 01.04.2021 entered between
the Appellant and the Respondents shall form part of this order;
(iii) The Respondents shall make payment of the sum of Rs.50,00,000/- to the
Appellant in instalments in the manner agreed on the due dates under
written acknowledgment;
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O.S.A No. 132 of 2021
(iv) In the event of default committed by the Respondents to pay the entire
amount by 30.09.2021, the Appellant shall be entitled to recover the deficit
amount without interest from the Respondents by filing execution petition
treating this order as decree passed in civil suit.
(v) The parties shall bear their respective costs.
(N.K.K., J.) (P.D.A., J.)
01.04.2021
vjt
Index: Yes
Note: Issue order copy by 21.04.2021.
To
The Sub-Assistant Registrar (O.S.),
High Court of Madras,
Chennai.
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O.S.A No. 132 of 2021
N. KIRUBAKARAN, J.
and
P.D. AUDIKESAVALU, J.
vjt
O.S.A. No. 132 of 2021
01.04.2021
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