T.K.Anusuya vs K.V.Ramamoorthy (Died)
2021 Latest Caselaw 21573 Mad

                                                                          S.A.(MD)No.629 of 2005


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED : 27.10.2021

                                                CORAM

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                        S.A.(MD)No.629 of 2005
                                                 and
                                       M.P.(MD)Nos.1 and 2 of 2007

                1.T.K.Anusuya
                2.K.R.Chandra
                3.K.R.Sornavalli
                4.R.Gunavathy                                        ... Appellants


                                                   Vs.

                1.K.V.Ramamoorthy (Died)
                2.K.V.Ramasubbu
                3.K.R.Gomathy Ammal
                4.K.R.Rameshbabu
                5.K.R.Premkumar
                6.S.K.Jamuna
                7.Kalaivani
                8.Lakshmi Prabha
                9.P.Prabaharan
                10.M.Ravichandran
                (Respondents 9 and 10 are impleaded vide order
                dated 18.02.2010 made in M.P.(MD)No.1 of 2010
                in S.A.(MD)No.629 of 2005)
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                                                                                  S.A.(MD)No.629 of 2005


                11.Vijayalakshmi
                12.Kanchanamala
                13.Bhuvaneswari
                14.Asha
                15.Manjula
                16.Pushpa
                17.K.R.Viswanathan
                18.K.R.Srinivasan                                            ... Respondents

                (Respondents 11 to 16 are brought on as LRs of
                the deceased 1st respondent vide order dated
                24.11.2016 made in M.P.(MD)Nos.1 to 3 of 2013
                in S.A.(MD)No.629 of 2005)

                Prayer : Second Appeal filed under Section 100 of Civil Procedure Code,

                against the judgment and decree passed in A.S.No.190 of 2004 dated

                17.02.2005 on the file of the learned Principal District Judge, Madurai,

                reversing the judgment and decree passed in O.S.No.523 of 1986 dated

                19.01.2004 on the file of the learned I Additional Subordinate Judge, Madurai.


                                   For Appellants   : Mr.S.Parthasarathy, Senior counsel,
                                                          For Mr.R.Jayaprakash

                                   For Respondents : Mr.A.R.M.Ramesh
                                                        for RR2 to 5, 11, 14, 15, 17 & 18

                                                     Mr.R.Vijayakmar for R9 & R10

                                                     No appearance for R6, R7 & R8



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                                                                                  S.A.(MD)No.629 of 2005


                                                    JUDGEMENT

The plaintiffs in O.S.No.523 of 1986 on the file of the I Additional Sub

Court, Madurai, are the appellants in this second appeal. The suit was one for

partition. The trial Court by judgment and decree dated 19.01.2004 granted

preliminary decree allotting 4/17th share in favour of the plaintiffs in Item Nos.1

to 14 and 17 to 21 in suit “A” schedule and the suit was dismissed as against

Item Nos.15 and 16. The relief of accounting was also granted. Aggrieved by

the same, the defendants filed A.S.No.190 of 2004 before the Principal District

Court, Madurai. By the impugned judgment and decree dated 17.02.2005, the

decision of the trial Court was reversed and the appeal was allowed and the suit

came to be dismissed. Challenging the same, this second appeal came to be

filed.

2.The matter was argued at length before me. I requested the learned

senior counsel on either side to persuade the parties to arrive at an amicable

settlement. I am happy to record that the advice given by the counsel had good

effect on the parties. They met each other and amicably resolved all the

outstanding issues. A memo of compromise dated 25.10.2021 has been filed

before me. It has been signed by all the parties concerned and it has also been

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.629 of 2005

signed by the respective counsel. Since the suit items have been allotted and

also divided by metes and bounds, there is no need for the parties to file any

application for final decree. In view of the settlement arrived at between the

parties, final decree is passed in this second appeal itself. The impugned

judgments and decrees passed by Courts below are set aside and the second

appeal is disposed on in terms of the compromise arrived at between the

parties. The memo of compromise dated 25.10.2021 together with the enclosed

sketch will form part of the decree. No costs. Consequently, connected

miscellaneous petitions are closed.

                                                                                27.10.2021
                Index              : Yes / No
                Internet           : Yes/ No
                ias

Note :Issue order copy on 02.10.2021.

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.

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.629 of 2005

To:

1.The Principal District Court, Madurai.

2.The I Additional Sub Court, Madurai.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.629 of 2005

G.R.SWAMINATHAN, J.

ias

S.A.(MD)No.629 of 2005

27.10.2021

https://www.mhc.tn.gov.in/judis/