Madras High Court
Ramasami vs Thangamuthu ... 1St on 2 September, 2021
1 A.S.NO.155 OF 2001
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
A.S.No.155 of 2001 and
C.M.P.No.17086 of 2001
1. Ramasami
2. Panneerselvam
... Appellants / 2nd & 3rd Defendants
Vs.
1. Thangamuthu ... 1st Respondent/Plaintiff
2. Mariappa Gounder(Died) ... 2nd Respondent/1st defendant
3. Samiathal
4. Banumathy
(R-3 is brought on record as LR. of the deceased R-2 vide
Order dated 27.08.2012 made in M.P.(MD)No.1 of 2008)
(R-4 is impleaded vide Order dated 22.02.2017 made in
M.P.(MD)No.1 of 2015) ... Respondents
Prayer: Appeal suit filed under Section 96 of C.P.C.,
against the judgment and decree dated 22.03.2001 passed by
the Subordinate Judge, Karur in O.S.No.425 of 1995.
For Appellants : Mr.S.Gokulraj
For Respondents: Mr.S.Anand Chandrasekar
***
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2 A.S.NO.155 OF 2001
JUDGMENT
This appeal arises out of a partition suit in O.S.
No.425 of 1995 on the file of the Sub Court, Karur.
2. The suit was filed by Thangamuthu seeking 1/3 rd
share in the suit properties. The first defendant was none
other than his father Mariyappa Gounder. Second defendant
Ramasamy was his brother. Third defendant Panneerselvam
was the wife of Ramasamy. Preliminary decree was passed as
prayed for. Aggrieved by the same, defendants 2 and 3 filed
this appeal. During the pendency of this appeal, Mariyappa
Gounder passed away. His other legal heirs have been brought
on record as respondents 3 and 4. Original defendants 4 and 5
are only tenants and that they had already been excluded.
3. Before me, all the parties are present. The learned
counsel on either side have duly identified them. C.M.P.
(MD)No.1793 of 2021 has been filed under Order 23, Rule 3,
C.P.C. for recording the compromise as arrived at between the
parties. Original joint compromise memo has been enclosed in
the civil miscellaneous petition. The parties informed me that
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3 A.S.NO.155 OF 2001
the compromise was voluntarily entered into and this Court
can very well dispose of this appeal in terms of the
compromise.
4. I am satisfied that a valid compromise has been
entered into. Therefore, this appeal suit is disposed of in terms
of the joint compromise memo dated 09.02.2021. It shall form
part of the decree. No costs. Consequently, connected
miscellaneous petition is closed.
02.09.2021
Index : Yes / No
Internet : Yes/ No
PMU
Note: 1. 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.
2. Web copy of this order shall be
uploaded on 03.09.2021.
To:
1. The Sub Judge,
Karur.
2. The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
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4 A.S.NO.155 OF 2001
Note : Web copy of this order
shall be uploaded on 03.09.2021
G.R.SWAMINATHAN,J.
PMU
A.S.No.155 of 2001
02.09.2021
https://www.mhc.tn.gov.in/judis/
