Madras High Court
G. Mallika vs K.V.Ravi on 27 September, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE: 27.09.2021
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
S.A (MD) No.693 of 2015
and
MP(MD) No.2 of 2015
1. G. Mallika
2. S.Gomathi
3. Kavitha
4. Ramkumar
(Appellants 3 and 4 are brought on record as LRs of the
deceased2nd appellant vide Court order dated 16.09.21
made in CMP(MD) Nos.7403 and 7405 of 2021 in
SA(MD) No.693 of 2015 by ADJCJ.
....Appellants
vs.
1. K.V.Ravi
2.R.Balakarthikayeni (Died)
3. N. Balamani
4. D.Ganesh babu
5. Visalakshi
6.Shanmugasundaram
Respondents 5 and 6 are brought on record as LRs of the
deceased 2nd respondent vide Court order dated 16.09.21
made in CMP(MD) Nos.7403 and 7405 of 2021 in
SA(MD) No.693 of 2015 by ADJCJ)
...Respondents
PRAYER:Second Appeal filed under Section 100 of the Code of Civil Procedure
to call for the records relating to the impugned judgement and decree passed by
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2
the learned Additional District Judge, Dindigul in A.S.No.42 of 2013 dated
07.07.2015 reversing the judgment and decree passed by the learned
Subordinate Judge, Palani in O.S.No.70 of 2010 dated 15.12.2021 and set aside
the same.
For Appellants : Mr. N.Dilipkumar
For Respondents : Mr. C.Gangai Amaran
JUDGMENT
The plaintiffs, who succeeded before the Trial Court, but, failed before the
first appellate court, have filed the present Second Appeal.
2. The plaintiffs filed the suit for partition and separate possession of their
respective 1/4 share in the 1st schedule property and for a declaration that the
General Power of Attorney Deed Ex.A4 in respect of the plaint 2nd schedule is
fraudulent, null and void and not binding on them and for a permanent injunction
restraining the defendants from creating any further encumbrance or altering the
physical features of the plaint 1st schedule property. Though, they could get a
decree before the Trial Court, it came to be reversed by the first Appellate Court
aggrieved against which, they have come up with the present Second Appeal.
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3. When the matter was taken up for hearing, it was brought to the notice
of the court that the parties have entered into a compromise and accordingly,
they have filed a joint memo of compromise, the relevant portion of the which is
extracted hereunder:-
" The parties above named respectfully submit as follows:-
1.Appellants herein are the Plaintiffs in the Original Suit filed by
them praying for a partition and separate possession of their
respective 1/4th share in the 1st schedule property; for a declaration
that the General Power of Attorney deed – Exhibit A4 = Exhibit B.4
in respect of the plaint 2nd schedule is fraudulent, null and void and
not binding on them; for a declaration that the sale deed- Exhibit
A3 =Exhibit B.5 in respect of the plaint 2nd schedule is illegal, null
and void and not binding on them; for a permanent injunction
restraining the defendants from creating any further encumbrance
or altering the physical feature of the plaint 1st schedule property.
2.The Learned Subordinate Judge, Palani by a Judgment and
decree dated 15.12.2011 had decreed the suit as prayed for in
O.S.No.70 of 2010.
3.Challenging the same the respondents 1 and 2/Mr.K.V.Ravi and
Mrs.R.Balakarthikayeni (died) herein as appellants have filed
A.S.No.42 of 2013.
4.The Learned Additional District Judge, Dindigul under the
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impugned Judgment and decree dated 07.07.2015 the first appeal
had been partly allowed. He had modified the preliminary decree of
partition and had reduced the share of the plaintiffs and had also
negatived the plaintiffs’ claim with regard to the relief sought
against the General Power of Attorney deed and the sale deed. He
had confirmed the relief of permanent injunction granted by the
Trial Court in respect of the plaint 1st schedule property.
5.Aggrieved over the Judgment and Decree passed by the Learned
Additional District Judge, Dindigul in A.S.No.42 of 2013 dated
07.07.2015 reversing the Judgment and Decree passed by the
Learned Subordinate Judge, Palani in O.S.No.70 of 2010 dated
15.12.2011, appellants Mrs.G.Mallika and Mrs.S.Gomathi (died)
have filed the present second appeal in S.A.(MD).693 of 2015.
6.Pending second appeal, upon the intervention of elders and well-
wishers of the family, out of their own volition, free will and the
consent and after a series of mediatory compromise talks held
between them, the respective parties have arrived at a compromise
and they are willing to resolve their mutual dispute upon the terms
settled henceforth. Accordingly the appellants and respondents
have also filed joint memo of compromise before this Hon’ble Court
on 15.04.2021.
https://www.mhc.tn.gov.in/judis/
7.In these circumstances the 2nd appellant/Mrs.G.Gomathi and the
2nd respondent/Mrs.R.Balakarthikayeni had died and the legal heirs
of both the parties were also been impleaded vide Order of this
Hon’ble Court dated 16.09.2021 and they have also willing to
resolve their mutual dispute upon the terms settled henceforth.
Hence, this Hon’ble Court may pass a compromise decree recording
the terms of settlement which are as follows:-
a)In describing the suit schedule of property in the plaint, Survey
number 85/2 admeasuring 3.33 acres is mentioned in both the 1st
item of the suit schedule of property as well as in the 2 nd item of
the suit schedule of property. This joint compromise treats Survey
number 85/2 as forming part of the 2nd item of the suit schedule
property alone and it shall stand excluded from consideration under
the 1st item of the suit schedule of property.
b)The 1st appellant is allotted a share of 55 cents of land in Survey
No.85/2, Thoppampatti Village, Palani taluk, Dindigul district more
fully described in the 2nd item of the suit schedule property.
c)The 2nd and 3rd appellants were allotted a share of 55 cents of
land in Survey No.85/2, Thoppampatti Village, Palani taluk, Dindigul
district more fully described in the 2nd item of the suit schedule
property.
d)The remaining lands in Survey No.85/2, Thoppampatti Village,
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Palani taluk, Dindigul district shall jointly belong to the respondents
herein.
e)The 1st appellant is allotted 15% of the available lands in the 1st
item of the suit schedule of property, leaving survey number 85/2.
The 2nd and 3rd appellants were allotted 10% of the available lands
in the 1st item of the suit schedule of property, leaving survey
number 85/2. The 1st respondent shall be entitled to 40% of the
available lands in the 1st item of the suit schedule of property,
leaving survey number 85/2. The respondents 3, 4, 5 & 6 are jointly
allotted 35% of the available lands in the 1st item of the suit
schedule of property more fully described hereunder, leaving survey
number 85/2.
f)The parties shall henceforth have no right or claim against each
other in respect of the suit claim.
g)The parties hereby mutually undertake to sign, execute, attest all
necessary documents towards the peaceful possession and
enjoyment of their respectively allotted share of properties as
mentioned above and also for the mutation of the respective
revenue records.
h)The parties therefore prayed that this Hon’ble Court may kindly
be pleased to record the above compromise and decree the suit in
consonance with the deed of compromise and thus render justice".
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4. The appellants and the respondents 1 to 4 and 6 were present before
this Court and they were identified by their respective counsels and the Registrar
Judicial of this Court. The fifth respondent had recently delivered a child and
thereby she was unable to appear before this Court. The Registrar, Judicial had
contacted the fifth respondent over phone and she was also informed about the
joint memo of compromise and she has also accepted the same.
5. The second appeal is disposed of in terms of the joint memo of
compromise. The joint memo of compromise shall form part of the decree. No
costs. The connected Miscellaneous Petition is closed.
27.09.2021
Index: Yes/No.
Internet: Yes/No.
aav
To
1. The Additional District Judge, Dindigul
2. The Subordinate Judge, Palani
https://www.mhc.tn.gov.in/judis/
A.D.JAGADISH CHANDIRA, J.
aav
S.A (MD) No.693 of 2015
and
MP(MD) No.2 of 2015
27.09.2021
https://www.mhc.tn.gov.in/judis/
