Madras High Court
N.Balakrishnan vs S.Parimalam on 21 October, 2021
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
S.A.No.257 of 2016
N.Balakrishnan ... Appellant
Vs.
1. S.Parimalam
2. M.Kalaivani
3. Vasanthamani
N.Pradeep Kumar (Died)
(Lrs. of N.Pradeep Kumar)
4. P.Nivedha
5. P.Gowtham ... Respondents
https://www.mhc.tn.gov.in/judis/
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
Prayer: The Second Appeal filed under Section 100 of the Civil Procedure
Code against the decree and Judgment, dated 30.10.2014 in A.S.No.44 of 2008
on the file of the I Additional District Judge, Coimbatore, confirming the decree
and judgment, dated 03.04.2006 in O.S.No.153 of 2005 passed by the III
Additional Sub Court, Coimbatore.
For Appellant : Mr.C.R.Prasanan
For Respondents : Mr.R.Kannan
for R1 to R3
: Mr.P.Thirupathiraj,
for R4 and R5
S.A.No.258 of 2016
N.Balakrishnan ... Appellant
Vs.
1. M.Kalaivani
2. S.Parimalam
3. Vasanthamani
N.Pradeep Kumar (Died)
https://www.mhc.tn.gov.in/judis/
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
(Lrs. of N.Pradeep Kumar)
4. P.Nivedha
5. P.Gowtham ... Respondents
Prayer: The Second Appeal filed under Section 100 of the Civil Procedure
Code against the decree and Judgment, dated 30.10.2014 in A.S.No.131 of
2009 on the file of the I Additional District Judge, Coimbatore, confirming the
decree and judgment, dated 03.04.2006 in O.S.No.592 of 2004 passed by the III
Additional Sub Court, Coimbatore.
For Appellant : Mr.C.R.Prasanan
For Respondents : Mr.R.Kannan
for R1 to R3
: Mr.P.Thirupathiraj,
for R4 and R5
COMMON JUDGMENT
https://www.mhc.tn.gov.in/judis/
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
Aggrieved over the judgment and decree passed in A.S.Nos.44 of
2008 and 131 of 2009, dated 30.10.2014, the above second appeals have been
preferred.
2. Today when the matter is taken up for hearing, all the parties
namely Mr.N.Balakrishnan, Ms.M.Kalaivani, Ms.S.Parimalam,
Mrs.Vasanthamani, Ms.P.Nivedha and Mr.P.Gowtham have appeared before
this Court and signed in the Joint Memorandum of compromise, dated
20.10.2021 in presence of their respective counsels and the same was also duly
attested by their respective counsel. In the Joint Memorandum of Compromise,
the parties have arrived at a settlement in the following terms:
In respect of Schedule A
i. allotting 1/4th share each to the appellant and the
respondents 1 & 2
ii. remaining 1/4th share to the respondents 4 and 5 together
and jointly
In respect of Schedule B
https://www.mhc.tn.gov.in/judis/
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
iii. allotting 1/8th share each to the appellant herein and
respondents 1& 2
iv. remaining 1/8th share to the respondents 4 and 5 together
v. remaining 4/8th share to the 3rd respondent and other legal
heirs of the deceased Jothimani.
Description of Schedule A and B
Schedule – A
All the piece and parcel of the land and building
bearing door No.5 (Old No.3), Kamatchiamman Koil Street,
Ramanathapuram, Coimbatore, Ward No.24 (New No.68), East
Zone, Coimbatore City, within Jurisdiction of Corporation of
Coimbatore house measuring total extent of 330 sq.ft (15 x 22)
comprised in T.S.No.10/2848 jointly owned by Mrs. Jothimani
and Nagamani with equal share bounded
North by: Kamatchiamman Koil Street,
East by : house of Valliammal door no.4
South by :Soorian Street
West by: House of Devaprasath door No.6
Schedule – B
https://www.mhc.tn.gov.in/judis/
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
Land and buildings, the door No.5/3 (Old 7/3), Kamachiamman
Koil Street, Ramanathapuram, Coimbatore.
3. In view of the above, the joint memorandum of compromise is
taken on file and recorded. There will be a preliminary decree in terms of the
joint memorandum of compromise. The joint memorandum of compromise
filed by the parties shall form a part of the decree. The Second Appeals are
ordered in terms of Joint Memorandum of Compromise. No costs.
Consequently, connected Miscellaneous petitions are closed.
21.10.2021
vum
Index : Yes/No
Speaking order / Non speaking order
Note: Issue order copy on 22.10.2021
To
https://www.mhc.tn.gov.in/judis/
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
1.The I Additional District Judge, Coimbatore.
2.The III Additional Sub Court, Coimbatore.
3. The Section Officer,
VR Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
S.A.Nos.257 and 258 of 2016
and CMP Nos.4979 and 4980 of 2016
M. GOVINDARAJ, J.
vum
S.A.Nos.257 and 258 of 2016 and
CMP Nos.4979 and 4980 of 2016
21.10.2021
https://www.mhc.tn.gov.in/judis/
