Madras High Court
Periyasamy vs Karuppaiya on 8 April, 2022
A.S.No.846 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022
CORAM:
THE HON'BLE MRS. JUSTICE N.MALA
A.S.No.846 of 2014
and C.M.P.Nos.2208 & 2209 of 2022
1.Periyasamy
2.Sellammal ... Appellants
vs.
Karuppaiya ... Respondent
Prayer: Appeal Suit filed under Section 96 and Order 41 Rule 1 of the Code
of Civil Procedure, 1908, against the Judgment and Decree dated 24.03.2014
made in O.S.No.130 of 2010 on the file of the Principal District Court,
Namakkal, in so far as it is against the appellants herein.
For Appellants : M/s.Zeenath Begum
For Respondent : M/s.C.Jagadish
*****
JUDGMENT
This Appeal suit is filed against the Judgment and Decree dated
24.03.2014 made in O.S.No.130 of 2010 on the file of the Principal District
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A.S.No.846 of 2014
Court, Namakkal, in so far as it is against the appellants herein. 2.The
appeal is filed against the Judgment and Decree in O.S.No.130 of 2010 on
the file of the Principal District Munsif Court, Namakkal whereby the suit
filed for partition of the plaintiff’s 4/9 share in the property was decreed.
During the pendency of the appeal CMP.Nos.2208 and 2209 of 2022 were
filed and the third appellant and the second respondent were impleaded as
parties in the appeal. The appellants and the respondents have entered into a
compromise and have filed a compromise memo dated 04.04.2022.
3.All the parties who signed the compromise memo except the second
appellant are present before this Court. I have enquired them on, whether
they have consented and signed the compromise memo. All the parties have
affirmed their signature and stated that they consent to the compromise
memo.
4.The second appellant is said to be 75 years of age and because
of her age she is not able to be present in the Court personally. The signature
of the second appellant in the compromise memo dated 04.04.2022 is
identified by the notary. Further the first appellant and the first respondent
have vouched for the signature of the second appellant who is their mother in
https://www.mhc.tn.gov.in/judis
A.S.No.846 of 2014
the compromise memo.
5.The parties have signed the compromise memo and prayed that the
compromise memo be recorded and a final decree in terms of the compromise
memo be passed in the following terms:
“A.That the preliminary decree shall stand modified
as hereunder:
i) That the second appellant has received a lumpsum
payment of Rs.1,00,000/- (Rupees One lakh Only) from the
1st appellant towards her lifetime maintenance, and
thereby relinquishes her 1/9th Share in the suit properties
in favour of the 1st appellant.
ii) Consequently, the 1st appellant will be entitled to
5/9th share and the respondent shall be entitled to 4/9th
share in the suit properties.
B.That the appellants and the respondents agree, to
pass final decree on the following terms:
i) The suit Item No.1 has been measured with the help of a
qualified surveyor in the presence of both the parties and
drawn to scale plan prepared, is attached herewith. The
said plan may form part of this compromise final decree.
The extent of 0.88 Acres shown in Green colour in the plan
has been allotted to the respondents share and an extent of
1.10 Acre shown in Yellow Colour in the plan has been
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A.S.No.846 of 2014
allotted to the share of appellants 1 and 3.
ii) The entire extent in Suit Item No.2 has been allotted to
the appellants 1 and 3, in lieu of such allotment, the 1st
appellant makes a payment of Rs.10,00,000/- (Rupees Ten
Lakhs only) by way of demand draft no. in the name of the
1st respondent, bearing nos.750367 for Rs.5,00,000/- and
750368 for Rs.5,00,000/- dated 21.01.2022 drawn on
Karur Vysya Bank, Namakkal Bank branch and the same
has been received by the first respondent.
iii) Both the appellants 1 and 3 and the respondents has
taken possession of the properties exclusively allotted to
them today. The appellants have no-objection for transfer
of patta in respect of Ward-A, Block-2, T.S.No.3/2 with
respect to 0.88 Acres of land in favour of respondents.
Likewise, the respondent has no-objection for transfer of
patta in favour of appellants 1 and 3 in respect of Ward-A,
Block-2, T.S.No.3/2 with respect to 1.10 Acres.
6.Both the parties hereby understand that the terms
of the compromise set out above are in the best interests of
both the families, and, they affirm, that no future litigation
will be initiated by either of them to re-open or set-
aside the terms of this compromise and final decree
resulting thereon and agreed to bear the cost of expenses
equally.”
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A.S.No.846 of 2014
6.The memo of compromise and the sketch attached to the memo of
compromise shall form part and parcel of the decree. The appeal is allowed
in terms of the compromise memo dated 04.04.2022. There shall be no order
as to costs. Consequently, the connected miscellaneous petitions are closed.
08.04.2022
Index : Yes / No
Internet : Yes / No
ah
To
The Principal District Judge,
Principal District Court,
Namakkal.
https://www.mhc.tn.gov.in/judis
A.S.No.846 of 2014
N.MALA, J.
ah
A.S.No.846 of 2014
and C.M.P.Nos.2208 & 2209 of 2022
08.04.2022
https://www.mhc.tn.gov.in/judis
