Madras High Court
Mahalingam vs Kanniyammal on 7 March, 2022
S.A.Nos.176 & 177 of 2001
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
S.A.Nos.176 & 177 of 2001
Mahalingam : Appellant in both appeals
Vs.
1.Kanniyammal
2.R.Manoranjitham : Respondents in both appeals
COMMON PRAYER: Second Appeals filed under Section 100 of
the Civil Procedure Code as against the judgments and
decrees dated 23.10.2000 in A.S.Nos.17, 18 of 2000 on the
file of the learned Additional District Judge cum Judicial
Magistrate, Karur, confirming the judgment and decree dated
20.10.1997 in O.S.No.669 of 1995 and modifying the judgment
and decree dated 20.10.1997 in O.S.No.704 of 1995,
respectively, on the file of the learned Subordinate Judge,
Kulithalai.
For Appellant : Mr.R.Murali
For Respondents : R.1 – Died
Mr.K.Govindarajan for R.2
(In both appeals)
*****
1/6
https://www.mhc.tn.gov.in/judis
S.A.Nos.176 & 177 of 2001
COMMON JUDGMENT
The appellant before this Court, Mahalingam, is the son
of the first respondent, Kanniyammal. The second
respondent, Manoranjitham, is the daughter of the first
respondent.
2.Mahalingam filed the suit in O.S.No.669 of 1995 for
the relief of specific performance of an agreement dated
20.06.1995, as against his mother and sister. Kanniyammal
and Manoranjitham have filed the suit in O.S.No.704 of 1995
as against Mahalingam for the relief of partition claiming
5/9 share in 'B' Schedule Item Nos.2 to 7 and for
declaration in respect of 'A' Schedule.
3.Both the suits were tried jointly by the trial Court
and the learned Subordinate Judge, Kulithalai, by common
judgment dated 20.10.1997, while dismissing the suit for
specific performance, has decreed the suit for partition.
As against the common judgment and decree, the appellant
has filed appeals in A.S.Nos.17 & 18 of 2000 and the
learned first Appellate Judge, by judgment dated
2/6
https://www.mhc.tn.gov.in/judis
S.A.Nos.176 & 177 of 2001
23.10.2000, dismissed the appeals. Aggrieved over the same,
the appellant has filed the instant second appeals.
4.When the appeals are taken up for hearing today, it
is represented by the learned Counsel on either side that
pending the appeals, the first respondent, Kanniyammal,
died on 14.02.2021, leaving behind the appellant [son] and
the second respondent [daughter] as the only legal heirs.
They further submitted that the matter has been compromised
and the appellant and the second respondent have arrived at
an amicable settlement.
5.A joint compromise memo dated 21.11.2021 has also
been filed before this Court, signed by the appellant, the
second respondent and their respective Counsel, that the
issue has been resolved in the following terms:-
“a. It is agreed and accepted by both the
parties that the present survey number of 'A'
schedule 179/1C2 extent of hec. 0.19.00. The above
said 'A' schedule allotted to Manoranjitham / 2nd
respondent herein.
b. The appellant / respondent agree and accept
the title and possession of Manoranjitham / 2nd
3/6
https://www.mhc.tn.gov.in/judis
S.A.Nos.176 & 177 of 2001
respondent in respect of 'A' schedule property.
c. It is agreed and accepted by both the parties
that 'B' schedule 1st item and 'A' schedule are one
and the same and the same is allotted to
Manoranjitham.
d. The 2nd respondent agrees and accepts that
the item Nos.2 to 7 of 'B' schedule are allotted to
Mahalingam (Appellant).
e. It is agreed and accepted by the 2nd
respondent that the appellant is having right, title
and possession in respect of 'B' schedule Item Nos.2
to 7.
f. Both the parties agree and accept that they
are entitled to get patta in respect of the
respective properties allotted under this
compromise.
g. Both the parties agree and accept that except
the property mentioned in the schedule no other
property available for partition in the family.
h. Both the parties agree and accept that a
decree can be passed based upon the joint compromise
memo and thus render justice.”
6.In view of the subsequent developments, these second
appeals are disposed of in terms of the joint compromise
memo dated 21.11.2021. The joint compromise memo dated
4/6
https://www.mhc.tn.gov.in/judis
S.A.Nos.176 & 177 of 2001
21.11.2021 shall form part of this common judgment. There
shall be no order as to costs.
Index : Yes / No 07.03.2022
Internet : Yes
To
1.The Additional District Judge
cum Judicial Magistrate,
Karur.
2.The Subordinate Judge,
Kulithalai.
5/6
https://www.mhc.tn.gov.in/judis
S.A.Nos.176 & 177 of 2001
B.PUGALENDHI, J.
gk
S.A.Nos.176 & 177 of 2001
07.03.2022
https://www.mhc.tn.gov.in/judis
