Madras High Court
Arockiasamy(Died) vs Theras Xavier ...Ist on 18 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
A.S(MD)NO.34 OF 2020
and
C.M.P(MD)No.1458 of 2020
1.Arockiasamy(died)
2.Vasanth Anto Charlie ...Appellant
Memo in USR No.3397, dated 9.2.2021 is recorded as sole
appellant died and Respondents 4 to 7 who are already on record
are recorded as Lrs of the deceased sole appellant vide order of
this Court made in A.S(MD)No.34 of 2020, dated 11.2.2021.)
.vs.
1.Theras Xavier ...Ist Respondent/Plaintiff
2.Marikannu
3.Leema Rose
4.Anthuvanmary
5.Vasanth Anto Charlie
(R5 is transposed as A2 vide order of this Court made in
C.M.P(MD)No.1505 of 21 in A.S(MD)No.34 of 2020, dated
18.2.2021)
6.Merlin Mejula
7.Annie Sophia
8.M/s.Nilgiri Cements Private Limited,
by its Director,
No.1996-A, Krishna Colony,
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2
Singanallur Town,
Coimbatore. ...Respondents 4 to 8/
Defendants 4 to 8
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure
Code praying this Court to set aside the judgment and decree
made in O.S.No.147 of 2015, dated 18.09.2019, on the file of Ist
Additional District Judge(PCR), Tiruchirappalli.
For Appellant :Mr.K.Govindarajan
For Respondents :Mr.C.Gopinath
1 to 4,6 and 7
For Respondent-8 :No appearance
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
The above appeal suit is directed against the judgment and
decree made in O.S.No.147 of 2015, dated 18.09.2019, on the file
of Ist Additional District Judge(PCR), Tiruchirappalli.
2.The suit is filed by the first respondent/plaintiff, for a
preliminary decree of partition and for separate possession of 1/4th
of the suit properties and for other reliefs. However during the
pendency of the appeal suit, the sole appellant died.However, the
parties have entered into a compromise and the same was reduced
into writing and signed by them on 11.12.2020.The deceased sole
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appellant's legal heirs are already on record as respondents 2 to 7.
Now, the 5th respondent/Vasanth Anto Charlie is transposed as
appellant for the sake of recording this Joint Compromise Memo
entered between the parties. The parties have appeared before this
Court through video-conferencing and identified by the respective
counsels. They have also stated that they are agreeable for the
Joint Compromise filed by them and the terms set out therein. The
terms of the Joint Compromise Memo reads as follows:
''(a) An extent of Ac.7.00 cents(Hec.2.82.5 Ares)
out of Ac.22.00 ¼ cents (Hec.9.09.0 Ares) is
described as suit Ist item. The first
defendant(Marikannu), second defendant(Leema
Rose) have executed a registered release deed in
favour of Arockiasamy viz., third defendant. The third
defendant along with his family members viz 3 to 7
defendant executed a sale on 6.2.2014 in favour of
M/s.Neelagiri Cements Private Limited viz 8th
defendant. In that sale deed, an extent of Ac.5.23 ½
cents out of Ac.7.00 cents was sold by defendants.
The remaining extent available is Ac.1.76 ½ cents.
The same has to be allotted to the Plaintiff towards
her 1/4th share.
(b)The suit second item is described Hec.5.53.0
Ares(Ac.13.50 cents) out of Hec.22.11.5 Ares(Ac.
54.50 cents) in Punjai Survey No.191/3. As per
preliminary decree, the Plaintiff is entitled to 1/4th
share in this item. The first defendant (Marikannu),
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second defendant(Leema Rose) have executed a
registered release deed in favour of Arockiasamy viz
third defendant.The Third defendant along with his
family members viz 3 to 7 defendant executed a sale
on 06.02.2014 in favour of M/s.Neelagiri Cements
Private Limited viz 8th defendant. In that sale deed, an
extent of Ac.10.24 1/8 cents is sold. The remaining
extent comes to Ac.3.40 5/6. The above said extent of
Ac.3.40 5/6 compromised in Survey No.191/3 has to
be allotted to the share of plaintiff towards her share.
(c)The suit third item is described as an extent
of Hec.0.20.85 Ares(Ac.0.51 Cents)out of Hec.0.77.5
Ares(Ac.1.91 cents)comprised in Punjai Survey No.
191/4. The first defendant(Marikannu)second
defendant(Leema Rose) have executed a registered
release deed in favour of Arockiasamy viz third
defendant. The third defendant along with his family
members viz 3 to 7 defendant executed a sale on
6.2.2014 in favour of M/s.Neelagiri Cements Private
Limited viz. 8th defendant. The remaining extent
comes to Ac.0.13 ½. The above said extent of Ac.0.13
½ comprised in Survey No.191/4 in suit item No.3
has to be allotted to the share of Plaintiff towards her
1/4th share.
(d)The suit 4th item is described as an extent of
8720 sq.ft comprised in Survey No.104/2. In this
extent, an extent of Ac.0.13 cents was acquired by
Highways Department. The remaining extent
available on ground Ac.0.07 cents.The defendants
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have no objection for the plaintiff to receive her 1/4 th
share compensation from Highways Department in
suit item No.4. After acquisition an extent of Ac.0.07
cents alone is left and it is agreed to allot ac.0.01 ¾
cents to the share of plaintiff out of Ac.0.07 cents.
(e) It is agreed to allot the entire suit item No.5
to the share of the plaintiff.
(f)It is agreed to allot 1/4th share in the suit item
No.6 to the share of plaintiff.
(g)the plaintiff has agreed to give up her right
of share in suit item No.7 viz., the house property. The
plaintiff, Ist and 2nd defendants are not entitled to any
right in item No.7 of the suit property and the entire
item No.7 absolutely belongs to defendants 4 to 7.
The other parties namely plaintiff and defendants 1
and 2(who executed Release Deed in favour of
Defendants 4 to 7) have no right and title in respect
of item No.7 of suit property.
Description of Property
Item 1:
Trichy District, Lalgudi Taluk, Kallakudi Village
an extent of Hec.2,82.5 ares out of Hec.9.09.0 Ares
comprised in Punja Survey No.191/1.
Item 2:
Trichy District,Lalgudi Taluk, Kallakudi Village
an extent of Hec.5.53.0 ares out of Hec.22.11.5 Ares
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comprised in Punja Survey No.191/3.
Item 3:
Trichy District, Lalgudi Taluk, Kallakudi Village
an extent of Hec.0.20.85 ares out of Hec.0.77.5 Ares
comprised in Punja Survey No.191/4.
Item 4:
Trichy District, Lalgudi Taluk, Kallakudi Village
an extent of Hec.0.20 equivalent to 8720 sq.ft
comprised in Punja survey No.104.2.
Item 5:
Trichy District, Lalgudi Taluk, Kallakudi Village
an extent of Hec.0.07.5 comprised in Punja Survey
No.335/5B.
Item 6:
Trichy District, Lalgudi Taluk, Kallakudi Village
an extent of 1853 sq.ft comprised in Punja Survey No.
333/1B.
Item 7:
Trichy District, Lalgudi Taluk, Kallakudi Village
an extent of 450 sq.meter plot comprised in Survey
No.418/3, In this, a Mangalore Tiled house in an
extent of 4.18.06 sq.meter together with ½ HP Motor
Pumpset.''
3.In view of the above, the Appeal Suit is to be disposed of
recording the Joint Compromise Memo. The Joint Compromise
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Memo is taken on file and the Appeal Suit is disposed of in terms
of the Joint Compromise Memo filed by the parties. The said
Compromise Memo shall form part and parcel of the judgment and
decree. No costs. Consequently, connected Miscellaneous Petition
is closed.
[P.S.N.,J.] & [S.K.,J.]
18.02.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
advocate / litigant
concerned.
To
1.The Ist Additional District Judge(PCR),
Tiruchirappalli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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PUSHPA SATHYANARAYANA J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
A.S(MD)NO.34 OF 2020
and
C.M.P(MD)No.1458 of 2020
18.02.2021
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