Madras High Court
R.Banu vs G.Sekar on 30 September, 2021
A.S.No.840 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM
The Honourable Mrs.Justice Pushpa Sathyanarayana
and
The Honourable Mr.Justice Krishnan Ramasamy
A.S.No.840 of 2018
1.R.Banu
2.G.Sujatha
3.M.Jayanthi
4.D.Sivakumar
5.D.Priyanka (Minor) ...Appellants
vs
G.Sekar ...Respondent
Prayer:First Appeal filed under Section 96 r/w Order 41 of the Code of
Civil Procedure, against the judgment and decree dated 06.02.2018,
made in O.S.No.116 of 2013 on the file of the Principle District Judge,
Vellore.
****
For Appellants : Mr.N.Sankaravadivel
For Respondent : Mr.C.Prabhakaran
JUDGMENT
(Delivered by Pushpa Sathyanarayana.J., )
This Appeal Suit has been filed against the judgment and decree
dated 06.02.2018, made in O.S.No.116 of 2013 on the file of the
Principle District Judge, Vellore.
https://www.mhc.tn.gov.in/judis/
A.S.No.840 of 2018
2.Initially, the suit was filed for partition and the same came to be
dismissed, against which, the present appeal suit has been preferred.
Pending the appeal, the parties amicably settled the matter among
themselves, which is reduced into a joint Memo of Compromise. The
appellants 1 to 5 and the respondent appeared before this Court and they
were identified by their respective counsel. The terms of the joint Memo
of Compromise are as follows:
“A. The appellants 1 to 3 and late one Neela,
mother of appellants 4 and 5 are daughters of
R.Govindasamy who died on 12.05.2005.
Appellants herein filed a suit for partition and
separate possession of 4/5th share in the 7 items of
suit properties left by their father Govindasamy.
The sole respondent disputed the ancestral nature of
suit properties. After contest, the trial court passed
a decree granting 4/10th share in suit items 1 to 6
and dismissed appellant's claim regarding suit item
B. Now both the appellants 1 to 5 and the
respondent herein have settled their claims and
https://www.mhc.tn.gov.in/judis/
A.S.No.840 of 2018
agree to the following the terms of compromise
detailed below:
1.Both the appellants 1 to 5 (Plaintiffs 1 to 5)
and the sole respondent herein (Sole Defendant)
agree that the appellants herein are entitled to 4/5th
shares on the items 1 to 6 of the suit property in
modification of the decree passed in O.S.No.116 of
2013 on the file of the Principle District Judge,
Vellore.
2.Accordingly a preliminary decree may be
passed by this Hon'ble Court declaring that the
appellants are entitled to 4/5th shares in items 1 to 6
of suit properties as stated above directing the trial
court to initiate final decree proceedings on an
application to be filed by the appellants herein by
appointing an Advocate Commissioner to divide
and allot separate shares to parties herein within a
period of 3 months from the date of receipt of this
decree.
3.The appellants 1 to 5 give up their claim
regarding item 7 of suit properties and accordingly
this appeal may be dismissed regarding item 7 of
suit properties.
4.This Hon'ble Court may state that both
parties bear their own costs.“
https://www.mhc.tn.gov.in/judis/
A.S.No.840 of 2018
3.Hence, the Appeal Suit is disposed of in terms of the above
settlement. The joint Memo of Compromise shall form part and parcel
of the judgment. No costs.
[P.S.N., J.] [K.R., J.]
30.09.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non Speaking Order
rst
To:
The Principle District Judge, Vellore.
https://www.mhc.tn.gov.in/judis/
A.S.No.840 of 2018
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rst
A.S.No.840 of 2018
30.09.2021
https://www.mhc.tn.gov.in/judis/
