Madras High Court
Mrs.C.Leela vs C.Deivanga Perumal on 23 September, 2021
A.S.(MD).Nos.576 and 626 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
A.S.(MD).Nos.576 and 626 of 2011
and
M.P.(MD)No.1 of 2011 and C.M.P.(MD).No.5534 of 2018
A.S.(MD).No.576 of 2011
1.Mrs.C.Leela
2.Mrs.Meera Saksena
3.Mrs.Hemamalini Subramanian (died)
4.L.Subramanian
5.S.Mythili
6.S.Lakshman Balaji Subramanian
(Appellants 4 to 6 are brought as LRs. of
deceased third appellant as per the order of
Court, dated 11.01.2016 made in M.P.(MD).
Nos.2 to 4 of 2015 in A.S.(MD).No.576 of 2011).
... Appellants
-vs-
1.C.Deivanga Perumal
2.Mrs.Rajeswari Krishnamoorthy ... Respondents
https://www.mhc.tn.gov.in/judis/
A.S.(MD).Nos.576 and 626 of 2011
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
Code, against the judgment and decree dated 09.03.2011 made in O.S.No.69
of 2008, on the file of the Additional District Sessions Judge, Fast Track
Court No.II, Tirunelveli.
For Appellants : Mr.S.Parthasarathy, Sr. Counsel
for Mr.A.S.Chandrasekaran
For R1 : Mr.T.V.Sivakumar
For R2 : Mr.S.Micheal Heldon Kumar
A.S.(MD).No.626 of 2011
C.Daivangaperumal
... Appellant
-vs-
1.Mrs.C.Leela
2.Mrs.Meera Saksena
3.Mrs.Rajeswari Krishnamoorthy
4.Mrs.Hemamalini Subramanian (died)
5.Dr.L.Subramanian
6.Dr.Mythili Raghavendra
7.Dr.Lakshman Balaji Subramanian
(Respondents 5 to 7 are brought as LRs. of
deceased fourth respondent as per the order of
Court, dated 11.01.2016 made in M.P.(MD).
No.1 of 2015 in A.S.(MD).No.626 of 2011).
... Respondents
https://www.mhc.tn.gov.in/judis/
A.S.(MD).Nos.576 and 626 of 2011
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
Code, against the judgment and decree dated 09.03.2011 made in O.S.No.69
of 2008, on the file of the Additional District Judge, Fast Track No.II,
Tirunelveli.
For Appellant : Mr.T.V.Sivakumar
For R1, R2, R5 to R7 : Mr.S.Parthasarathy, Sr. Counsel
for Mr.P.Thiagarajan
For R3 : Mrs.Rajeswari Krishnamoorthy
COMMON JUDGMENT
(Judgment of the Court was delivered by V.BHARATHIDASAN,J.)
Against the preliminary decree passed in partition suit, the plaintiff
filed an appeal in A.S.(MD).No.626 of 2011. Not satisfied with the decree,
the defendants also filed an appeal in A.S.(MD).No.576 of 2011.
2. Pending appeals, the parties are settled the dispute between
themselves. Today, Mr.S.Parthasarathy, learned Senior counsel appearing
for the appellants in A.S.(MD).No.576 of 2011 and the respondents in A.S.
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A.S.(MD).Nos.576 and 626 of 2011
(MD).No.626 of 2011, Mr.T.V.Sivakumar, learned counsel appearing for the
appellant in A.S.(MD).No.626 of 2011 and the respondents in A.S.(MD).No.
576 of 2011 submitted that the matter has been settled between the parties
and they have also filed a Joint Compromise Memo along with the Sketch
showing the division of the property between the parties. The parties are
also appeared before this Court through video conferencing and they are
identified by the respective learned Senior counsels and they submitted that
the appeals may be disposed of, in terms of the compromise memo filed by
the parties.
3. The Joint Memo of Compromise filed by the parties reads as
follows:
Common Joint Memo of Compromise between the appellant and the
respondents
“1.The Appellant/Plaintiff herein preferred the above
A.S(MD)No.626 of 2011 before this Hon'ble court against the
judgment and decree passed in O.S.No.69 of 2008 on the file
of Fast Track No.2 (Additional District Judge) Tirunelveli and
https://www.mhc.tn.gov.in/judis/
A.S.(MD).Nos.576 and 626 of 2011
the same is pending.
2.Similarly the Respondents 1, 2 and 4/defendants 1, 2
and 4 in A.S.(MD)No.576 of 2011 before this Hon'ble court
against the judgment and decree passed in O.S.No.69 of 2008
on the file of Fast Track No.2 (Additional District Judge)
Tirunelveli and the same is pending. The Appellant/Plaintiff is
the first respondent in the said appeal. While the third
defendant is the second respondent herein.
3.During the pendency of the above appeals the fourth
respondent in A.S.(MD)No.626 of 2011 who was also the third
appellant in A.S.(MD)No.576 of 2011 passed away. Thereupon
her Legal heirs were brought on record as Respondents 5-7 in
A.S.(MD)No.626 of 2011 and as Appellants 4-6 in A.S.
(MD)No.576 of 2011.
4.After the disputes arose between parties in relation to
the suit properties, the Appellant/Plaintiff herein filed the suit
in O.S.No.69 of 2008 for Declaration, Partition, Permanent
Injunction, Mandatory Injunction and for Mense profits. The
https://www.mhc.tn.gov.in/judis/
A.S.(MD).Nos.576 and 626 of 2011
said suit was partly decreed in favour of the
Plaintiff/Appellant as against which the present appeals were
preferred. The litigation between the parties is thus pending
for more than 13 years.
5.As it is likely that all the parties in the above appeals
could further suffer on account of the prolonged litigation, on
the advice of well wishers and to put an end to the litigation as
above and to enable the parties to enjoy the respective
properties peacefully, they have decided to amicable settle all
the disputes arising between them in O.S.No.69 of 2008.
Therefore on the terms and conditions set out hereunder, the
parties pray for compromise Final Decree being passed in the
above First Appeals.”
4. Considering the fact that the matter has been settled between the
parties, the Appeals are disposed of, in terms of the Compromise entered
between the parties. The Memo of Compromise and the Sketch filed along
with the memo of compromise shall form part of the decree.
https://www.mhc.tn.gov.in/judis/
A.S.(MD).Nos.576 and 626 of 2011
5. The learned Senior counsel appearing for the appellants submitted
that since the parties had filed an Additional Sketch along with the Memo of
Compromise, that copy may be enclosed in the decree.
6. Since the matter has been settled between the parties, the parties
are directed to deposit necessary Court fees. No costs. Consequently, the
connected Miscellaneous Petitions are closed.
[V.B.D.,J.] [J.N.B.,J.]
23.09.2021
Note: The Registry is directed to issue a decree
along with the copies of Memo and the
Sketches filed by the parties.
akv
https://www.mhc.tn.gov.in/judis/
A.S.(MD).Nos.576 and 626 of 2011
V.BHARATHIDASAN, J.
and
J.NISHA BANU, J.
akv
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
The Additional District Sessions Judge,
Fast Track Court No.II,
Tirunelveli.
A.S.(MD).Nos.576 and 626 of 2011
28.09.2021
https://www.mhc.tn.gov.in/judis/
