Madras High Court
Thangapriya vs Rajadurai on 20 October, 2022
A.S(MD)No.50 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.10.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
A.S(MD)No.50 of 2013
Thangapriya ... Appellant
Vs.
Rajadurai ... Respondent
PRAYER: Appeal filed under Section 96 of Code of Civil Procedure,
against the decree and judgment, dated 23.11.2012, made in O.S.No.87 of
2011 on the file of the II Additional District and Sessions Judge, Trichy.
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A.S(MD)No.50 of 2013
For Appellant : Mr.C.Vakeeswaran
For Respondent : Mrs.N.Krishnaveni,
Senior Counsel
: for Mr.P.Thiagarajan
JUDGMENT
J.NISHA BANU, J.
and
N.ANAND VENKATESH, J.
This Appeal was filed by the plaintiff aggrieved by the
judgment and decree, dated 23.11.2012, passed in O.S.No.87 of 2011, on
the file of the II Additional District and Sessions Judge, Trichy, allotting
1/6th share in favour of the plaintiff / appellant.
2. When the matter came up for hearing on 22.09.2022, this
Court passed the following order :-
"Heard the learned counsel on either side.
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A.S(MD)No.50 of 2013
2. The Court below had passed a preliminary
decree allotting 1/6th share in favour of the
plaintiff/appellant. It is seen from the written
statement that there was already a mediation and
settlement between the parties, whereby the plaintiff
was allotted 35% and the defendant was allotted 65%.
This is admitted in Paragraph No.16 of the written
statement. If this is taken into account, the
plaintiff/appellant will be entitled for 1/3rd share in
Item No.1 to 4 of the suit properties.
3. The learned counsel for the respondent seeks
for some time to take instructions in this regard. Post
this appeal, 'for orders' on 29.09.2022."
3. When the matter was came up for hearing today, an
undertaking affidavit of the appellant was filed before this Court. For
proper appreciation, the relevant portions in the undertaking affidavit are
extracted hereunder :
"2. I further submit I filed the suit in O.S.
No.87 of 2011 on the file of the IInd Additional
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A.S(MD)No.50 of 2013
District and Sessions Court, Trichy for partition
claiming 1/2 shares in respect of the 1 to 5 items of
the suit properties. On 23.11.2012, the Trial Court
has partially decreed the suit that I am entitled to
1/6 share in respect of the item No.1 to 4 of the suit
property and suit was dismissed with regard to the
5th item of the suit property. Aggrieved over that I
have filed the present appeal before this Hon'ble
Court. The respondent has averred in the written
statement that the mediation was held on 6.12.2011.
In which, it was resolved that the family properties
can be divided and in the division, I will be entitled
to 35% and the respondent will be entitled to 65%.
Now, I am ready to accept the above said
proposition of 35% in respect of the item no.1 to 4
of the suit properties and I will not claim any rights
in item no.5 of the suit property in the above said
appeal. Hence. I request this Hon'ble Court to pass
the 'Judgment and Decree based on my aforesaid
undertaking.
It is therefore humbly prayed that this
Hon'ble Court may be pleased to accept my
undertaking affidavit in the above said First
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A.S(MD)No.50 of 2013
Appeal and to pass a Judgment and Decree in
my favour based on the above said terms and
pass such further or other orders as this Hon'ble
Court may deem fit and proper in the nature and
circumstances of the case and thus render
justice."
4. In view of the above development, this Appeal can be
disposed of in terms of the undertaking affidavit given by the appellant.
Since the parties have arrived at a settlement, we deem it fit and proper to
refer the parties to the Mediation Centre attached to this Bench, so that they
can reach a settlement on the actual division of the property. Once we
receive the report from the Mediation centre, we can proceed to pass a final
decree also in this Appeal and once and for all the dispute will reach a
finality.
5. We appoint Mrs.J.Anandhavalli, [Phone No.98405 38882]
learned counsel to act as a Mediator in this Appeal.
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A.S(MD)No.50 of 2013
6. The learned Mediator shall fix a date for the appearance of
the parties and shall file a report before this Court, on the next date of
hearing. We fix the fees of the Mediator at Rs.30,000/- (Rupees Thirty
Thousand only) and each party shall pay a sum of Rs.15,000/- (Rupees
Fifteen Thousand only) each to the Mediator.
7. Post this Appeal under the caption for "passing further
orders" on 10.11.2022.
(J.N.B.,J.) (N.A.V.,J.)
20.10.2022
Index:Yes/No
Internet:Yes/No
rm
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A.S(MD)No.50 of 2013
To:
1.The II Additional District and Sessions Judge,
II Additional District Court,
Trichy.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
3. Mrs.J.Anandhavalli, [Phone No.98405 38882]
Advocate
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A.S(MD)No.50 of 2013
J.NISHA BANU, J.
and
N.ANAND VENKATESH, J.
rm
A.S(MD)No.50 of 2013
20.10.2022
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