Madras High Court
Yasodhammal vs Subbulakshmi on 6 April, 2022
SA.No.974/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
SA.No.974/2019 and CMP.No.20845/2019
Yasodhammal .. Appellant
Vs.
Balarama Reddy (Died)
1.Subbulakshmi
2.Hemasekar
3.Venkatesan
4.Obul
5.Meena .. Respondents
Prayer:- Second Appeal filed under Section 100 of the Civil Procedure
Code against the judgment and decree passed by the Subordinate Judge
Court at Ponneri dated 27.03.2018, in A.S.No.72/2011, reversing the
decree and judgment passed by the District Munsif Court at Ponneri, dated
12.07.2011 in O.S.No.287/2004.
For Appellant : Mr.K.Venkateswaran
For Respondents : Mr.R.Krishnaswamy
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SA.No.974/2019
JUDGMENT
(1) The above second appeal is preferred as against the judgment and
decree passed by the learned Subordinate Judge, Court at Ponneri in
A.S.No.72/2011 reversing the judgment and decree passed by the
District Munsif Court at Ponneri dated 12.07.2011 in
O.S.No.287/2004.
(2) The learned counsels appearing for the appellant and the
respondents jointly filed a Memo of Compromise dated 25.03.2022.
Though many of the parties have signed the Memo of Compromise
in Telugu, the learned counsel appearing for the appellant and the
respondents have submitted that their respective parties have signed
the Compromise Memo in their presence. A Memo dated
06.04.2022 signed only by the respective counsels is filed stating
that the parties have signed the Memo of Compromise in Tamil or in
English or in Telugu and that the terms of Compromise Memo was
read out to them and that the appellant and respondents had signed
the Memo having understood the terms which were explained to
them.
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SA.No.974/2019
(3) As per the Memo of Compromise dated 25.03.2022, the terms and
conditions of the Memo of Compromise are as follows:
1. That the Appellant herein and her legal heirs
hereby gives away all their right, title and interest
with respect to the schedule mentioned properties to
and in favour of the respondents herein. The
appellant herein agrees that she and her legal heirs
have no right whatsoever over the schedule
mentioned properties.
2. The respondents herein are hereby agreed to be
the absolute and joint owners of the schedule
properties herein and they are free to enjoy the same
without any let or hindrance from the appellant and
her legal heirs.
3. The appellant herein had also along with the
legal heirs of her son namely K.Prabhakar Reddy,
agreed to cancel the Settlement Deed, registered in
Book-I, as bearing Document No.3957/2010 on the
file of the Sub-Registrar Office, Gummudipoondi,
with regard to the schedule properties hereunder at
Guruvarajakandigai Village, in Gummidipoondi
Taluk, Thiruvallur District, favouring Mr.Prabhakar
Reddy, which has been executed by her when the suit
was pending before the District Munsif Court at
Ponneri and the appellant hereby agree, admit and
acknowledge that the said settlement deed is null and
void and that the same is not at all valid and binding
upon the respondents.
4. That pursuance to this compromise the
respondents herein had agreed to pay to and in fact
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SA.No.974/2019
paid to the appellant a sum of Rs.5,00,000/- (Rupees
Five Lakhs Only), the receipt of which sum, the
appellant do hereby agree, admit and acknowledge.
5. The parties herein have entered in this
Memorandum of Compromise with an intention to
bring in peace and maintain the relationship among
them and as such it has been agreed that the appeal
may has got to be dismissed as withdrawn and as
settled out of Court.
(4) The learned counsels represented that the Compromise Memo dated
25.03.2022 and the Memo 06.04.2022 may be recorded and that the
appeal may be dismissed as withdrawn as settled out of Court.
(5) Considering the submissions and Memo of Compromise, this Court
dismisses the second appeal in terms of the Memos of Compromise
as the parties have settled their dispute as per the Compromise
Memo and the Compromise Memo signed by the parties with their
respective counsels and the Memo signed by the counsels shall form
part of records. Consequently, connected Civil Miscellaneous
Petition is closed.
06.04.2022
cda
Internet : Yes
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SA.No.974/2019
To
1.The Subordinate Judge Court at Ponneri.
2.The District Munsif Court at Ponneri.
3.The Section Officer, VR Records,
High Court, Chennai.
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SA.No.974/2019
S.S.SUNDAR, J.,
cda
SA.No.974/2019 and
CMP.No.20845/2019
06.04.2022
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