Madras High Court
N.T.Bhagyalakshmi (Died) vs K.V.Ramila @ Asha on 1 November, 2021
A.S.(MD).No.135 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :01.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
A.S.(MD).No.135 of 2021
and
C.M.P.(MD)No.4668 of 2021
N.T.Bhagyalakshmi (Died)
N.T.Krishnakumar ... Appellant
-vs-
1.K.V.Ramila @ Asha
2.A.E.Yadavamurthi
3.A.Y.M.Dinesh
4.A.Y.M.Vaishali
5.T.N.Kasturibai @ Lalli ... Respondents
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
Code, against the judgment and decree passed by the I Additional District
Judge, Madurai in O.S.No.152 of 2010, dated 29.06.2017.
For Appellant : Mr.T.R.Subramanian
For R1 to R5 : Mr.B.Vijaykarthikeyan
1/6
https://www.mhc.tn.gov.in/judis/
A.S.(MD).No.135 of 2011
JUDGMENT
(Judgment of the Court was delivered by V.BHARATHIDASAN,J.)
Against the preliminary decree passed in the suit, the defendant has
filed this appeal.
2. Now, pending appeal, the matter has been settled between the
parties in the Mediation and they have also filed a Joint Compromise Memo
duly signed by the parties and their respective counsel.
3. Today, the appellant, the second respondent and the fifth
respondent are present before this Court and stated that the first respondent
is the sister of the appellant and she is in Chennai and she could not appear
before this Court. The third and fourth respondents are the son and daughter
of the second respondent and all the parties stated that they have settled the
matter and the appeal may be disposed of, in terms of the compromise
memo filed by the parties.
https://www.mhc.tn.gov.in/judis/
A.S.(MD).No.135 of 2011
4. The Joint Memo of Compromise filed by the parties reads as
follows:
Memorandum of Joint Compromise entered into between the
appellant and the respondents
The terms of Compromise
“1. It is agreed that the A Schedule suit property shall
go to the second defendant/appellant.
2. It is agreed that the 1st Item of the B Schedule
property shall go to the plaintiffs/respondents.
3. Since the suit A Schedule property as a whole is
allowed to be taken and enjoyed by the 2nd
defendant/appellant, he has agreed to pay a sum of Rs.
10,00,000/- each to the 1st and 5th plaintiffs and plaintiffs 2 to
4 as a one part. In token of such agreement on this day of
20.09.2021 the 2nd defendant has paid a sum of Rs.1,00,000/-
each to the 1st and the 5th plaintiff and plaintiffs 2 to 4 as a one
part by way of cheque as advance. The cheques drawn on
Indian Overseas Bank, Madurai Main Branch, the cheques
https://www.mhc.tn.gov.in/judis/
A.S.(MD).No.135 of 2011
bearing No.987657 drawn in the name of K.V.Ramila (1st
Plaintiff), Cheque No.987658 drawn in the name of
A.E.Yadavamoorthy (2nd plaintiff) and Cheque No.987659
drawn in the name of T.N.Kasthuri Bai (5th plaintiff). The 2nd
defendant has agreed to pay the remaining sum of Rs.
9,00,000/- each to the 1st and 5th plaintiff and plaintiffs 2 to 4
as a one part totally a sum of Rs.27,00,000/- on or before
29.10.2021 by way of Demand Draft.
4. On payment of the said agreed amount of Rs.
30,00,000/- in total the 2nd defendant and the
plaintiffs/respondents agrees to pass a final decree allotting
Schedule A Property in favour of the 2nd defendant and 1st item
of B Schedule property to be plaintiffs /respondents. In the
said 1st item of B Schedule property the plaintiffs 1 and 5 and
the plaintiffs 2 to 4 shall be entitled to 1/3 each.
5. It is further agreed that the plaintiffs give up their
claim over other suit properties and the measne profit.
6. It is further agreed that the plaintiffs shall not have
https://www.mhc.tn.gov.in/judis/
A.S.(MD).No.135 of 2011
any right over Schedule A property and the 2 nd defendant shall
not have any right over the 1st item of B schedule property. The
parties shall enjoy the properties allotted to them exclusively
and peacefully. There shall not be any claim against each
other in respect of the suit properties in future.
7. Agreeing to the above terms the parties to the appeal
namely the 2nd defendant / appellant and the plaintiffs /
respondents have affixed their signature in the presence of the
Mediator and the Counsel on record for both the side.”
5. Considering the fact that the matter has been settled between the
parties, the Appeal is disposed of, in terms of the Compromise entered
between the parties. The Memo of Compromise shall form part of the
decree. No costs. Consequently, the connected Miscellaneous Petition is
closed.
[V.B.D.,J.] [R.P.A.,J.]
01.11.2021
akv
https://www.mhc.tn.gov.in/judis/
A.S.(MD).No.135 of 2011
V.BHARATHIDASAN, J.
and
R.PONGIAPPAN, J.
akv
Note: (i) The Registry is directed to issue a decree
along with the copy of Memo filed by the parties.
Note: (ii) 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
The I Additional District Judge,
Madurai.
A.S.(MD).No.135 of 2021
01.11.2021
https://www.mhc.tn.gov.in/judis/
