Babu @ Dhansekar vs Mani
2022 Latest Caselaw 1184 Mad

                                                                           O.S.A. No.305 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 25.01.2022

                                                    CORAM

                                   THE HONOURABLE MR.JUSTICE T.RAJA
                                                 and
                          THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                            O.S.A.No.305 of 2019 and
                                    C.M.P. Nos.25076 of 2019 and 142 of 2021


                  1.Babu @ Dhansekar
                   Dharmalingam (deceased)

                  2.Valarmathi

                  3.Padma
                   Kalaivani (deceased)

                  4.Kalyani                                      .. Appellants

                                                      Vs.

                  Kasi (deceased)

                  1.Mani

                  2.Shenbagavalli

                  3.Mala

                  4.Manikandan

                  5.Chandra                                      .. Respondents


                  Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of
                  Original Side Rules with Clause 15 of the Letters Patent against the
                  Judgment and Decree dated 12.04.2018 in T.O.S. No.21 of 2001.



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                                                                                O.S.A. No.305 of 2019


                                    For Appellants   :    Mr.B.Manokaran

                                    For Respondents :     Ms.P.V.Rajeswari

                                                      JUDGMENT

[Judgment of this Court was delivered by T.RAJA, J.]

Today, a Joint Memo of Compromise dated 24.01.2022, signed

by the counsel for appellants and the respondents, has been filed.

2.Since O.P. No.281 of 2001 was filed for grant of Letter of

Administration in regard to the “Last Will and Testament” dated

07.10.1974, executed by their paternal grand parents Thangavelu

Naicker and Pommiammal and that was registered at the Sub Registrar

office, T.Nagar as Document No.64, Book III, Volume No.27, Pages 77

and 78 in respect of the immovable property, which was later coverted

into T.O.S. No.21 of 2001 and the same was decreed in favour of the

respondents and Letter of Administration was also granted on

12.04.2018 in favour of the respondents, this present appeal has been

filed by the appellant challenging the same. Pending the same, both

the appellants and the respondents have arrived at a memorandum of

compromise.

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O.S.A. No.305 of 2019

3.Considering the nature of relationship between the parties and

that they have filed a memorandum of compromise, this appeal stands

disposed of in terms of the Memorandum of Compromise.

4.Needless to mention that the Memorandum of Compromise will

form part of the decree.

5.Registry is directed to return the original Will and the Sale

Deed forthwith to the respondents. No costs. Consequently, C.M.P.

Nos.25076 of 2019 and 142 of 2021 stand closed.

                                                                   (T.R.,J.)     (D.B.C.,J.)
                                                                          25.01.2022
                  Index           : Yes / No
                  vga

https://www.mhc.tn.gov.in/judis

O.S.A. No.305 of 2019

T.RAJA,J.

and D.BHARATHA CHAKRAVARTHY, J.

vga

O.S.A.No.305 of 2019 and C.M.P. Nos.25076 of 2019 and 142 of 2021

25.01.2022

https://www.mhc.tn.gov.in/judis