Madras High Court
M.Parameshwari (Died) vs M.Sampath on 21 April, 2023
A.S Nos.44 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2023
CORAM:
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
A.S. No. 44 of 2019
& A.S No.281 of 2020
A.S No. 44 of 2019
1.M.Parameshwari (died)
2. Amudha
3. S.Vatschala
4. M.Venkatkrishnan (A1 died, A2 to A4 are brought on record as legal
heirs of deceased 1st appellant viz., M.Parameshwari, vide order of Court
dated 21.04.2023 made in CMP. No.12791 of 2020 in A.S No. 44 of
2019)
.... Appellant (in A.S No. 44 of 2019)
Vs
1. M.Sampath
2.Selvamani
3.A.N. Padmanabhan
4.M.Baskar
5.The Executive Officer,
Perungalathur Town Panchayat,
Chennai – 600 063.
6.The Member Secretary,
Chennai Metro Politan Development Authority,
Thalamuthu Natrajar Building,
Chennai – 600 008.
7. The Tahsildar,
1
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A.S Nos.44 of 2019
Tambaram Taluk,
Chennai 600 009.
8.The Village Administrative Officer,
Perungalathur Village,
Tambaam Taluk.
9.The sub Registrar,
Padapai,
Sriperumbudur Taluk,
kanchipuram Taluk.
10.The Assistant Engineer,
Tamil Nadu Electriciy Board,
(Distribution and Maintenance)
Perungalatur,
Chennai 600 063.
11.E.Rajakumari
12. S.Kantha
13.J.Subha
14.S.Sivasakthi
15.B.Poornima (R1 died, R12 to R14 are brought on record as legal heirs of
deceased 1st respondent viz., R.Sampath, vide order of Court dated
21.04.2023 made in CMP Nos. 6578, 6580, 6581 of 2023 in A.S No.44 of
2019)
....Respondent (A.S No. 44 of 2019)
A.S No. 281 of 2019
E.Rajakumari Appellant in AS No. 281 of 2020
Vs
1.R.Sampath,
1. M.Sampath
2.Selvamani
3.A.N. Padmanabhan
4.M.Baskar
5.The Executive Officer,
Perungalathur Town Panchayat,
Chennai – 600 063.
6.The Member Secretary,
Chennai Metro Politan Development Authority,
Thalamuthu Natrajar Building,
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A.S Nos.44 of 2019
Chennai – 600 008.
7. The Tahsildar,
Tambaram Taluk,
Chennai 600 009.
8.The Village Administrative Officer,
Perungalathur Village,
Tambaam Taluk.
9.The sub Registrar,
Padapai,
Sriperumbudur Taluk,
kanchipuram Taluk.
10.The Assistant Engineer,
Tamil Nadu Electriciy Board,
(Distribution and Maintenance)
Perungalatur,
Chennai 600 063.
11.M.Parameshwari ....Respondent (A.S No. 281 of 2020)
PRAYER in A.S No. 44 of 2019: This appeal has filed under Section 96
r/w Order 41 Rule 1 of the Code of Civil Procedure to set aside the
judgment and decree passed in O.S No.48 of 2012 and E.A. No. 51 of 2012
in E.P No. 45 of 2012 in O.S No. 104 of 2007 dated 30.07.2018 on the file
of the District Court II, Kanchipuram and the allow the appeal suit.
PRAYER in A.S No. 281 of 2020: This appeal has filed under Section 96
r/w Order 41 Rule 1 of the Code of Civil Procedure against the judgment
and decree in O.S No.48 of 2012 on the file of the District Court II,
Kanchipuram, dated 30.07.2018.
For Appellant
(in A.S No. 44 of 2019) : Ms.A.V.Bharathi
For Respondents
(in A.S No. 44 of 2019 ) : Mr.N.Jothi, Senior counsel.
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A.S Nos.44 of 2019
for Mr.D.Shivakumar
For Appellant
(in A.S No. 281 of 2020) : Ms.E.Rajakumari
Party in person
For Respondents
(in A.S No. 281 of 2020 ) : Mr.N.Jothi, Senior counsel.
COMMON JUDGMENT
The legal heirs of the first respondent/Sampath are impleaded
as party in A.S No. 44 of 2019 since the first respondent in A.S No. 281 of
2020 and A.S No. 44 of 2019 is one and the same hence there is no
necessity to file separate Miscellaneous petition to implead the first
respondent's legal heirs in A.S No. 281 of 2020.
2. When the matter is taken up for hearing both the parties
appeared before this Court and submitted that they have entered into an
compromise to that effect they filed memo of compromise. Originally suit in
O.S No.48 of 2012 on the file of the District Court II, Kanchipuram, was
filed by the Parameswari and Rajakumari who are appellants in these
appeals. Now, 1st plaintiff Parameswari died hence her legal heirs are
impleaded and the 2nd plaintiff in suit Rajakumari are also appeared before
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A.S Nos.44 of 2019
this Court in person, Since the first defendant Sampath died hence his legal
heirs and the 2nd defendant Selvamani and 3rd defendant Padmanabhan and
4th defendant Baskar also appeared before this Court in person. The
defendants 5 to 10 are Government officials they are remains exparte.
3. As per the terms of the compromise the parties agreed to
receive amounts which mentioned in the table below:
SI. PARTY NAME DD NO DATE BANK & AMOUNT IN
No. & AADHAR BRANCH RUPEES
NO.
1 AMUDHA 520918 31.03.2023 ICICI & 20,00,000/-
( 488070122691) SELAIYUR
2. M.VENKATA 520910 31.03.2023 ICICI & 10,00,000/-
KRISHNAN 520917 SELAIYUR 45,00,000/-
385800529043)
3. VATSHALA 520919 31.03.2023 ICICI & 20,00,000/-
(314395042306) SELAIYUR
4 SELVAMANI 520911 31.03.2023 ICICI & 2,00,000/-
287837194926 520920 SELAIYUR 18,00,000/-
5 E.RAJAKUMA NEFT 31.03.2023 AXIS & 1,00,000/-
RI 520912 SELAIYUR 2,00,000/-
520921 ICICI & 16,00,000/-
SELAIYUR
ICICI &
SELAIYUR
6. S.KANTHA 520914 31.03.2023 ICICI & 2,00,000/-
878612471032 520923 SELAIYU 8,00,000/-
R
7 J.SUBHA 520915 31.03.2023 ICICI & 2,00,000/-
210149440685 520924 SELAIYU 8,00,000/-
R
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A.S Nos.44 of 2019
SI. PARTY NAME DD NO DATE BANK & AMOUNT IN
No. & AADHAR BRANCH RUPEES
NO.
8 S.SIVASAKTHI 520913 31.03.2023 ICICI & 2,00,000/-
344342555692 520922 SELAIYU 8,00,000/-
R
9 B.POORNIMA 520916 31.03.2023 ICICI & 2,00,000/-
342947932281 520925 SELAIYU 8,00,000/-
R
4. As per the terms of the compromise, the parties mentioned
in the above table have received the aforementioned amount by way of
Demand Draft before this Court and the terms of the compromise is read
over to the them and they are admitted to the terms of the compromise.
Further, while filing compromise memo there was typographical error in
page No. 9 & 10 of the compromise memo which is replaced before this
court and both sheets are enclosed in the said compromise memo.
5. Compromise memo is recorded, which is forming part of the
decree. Accordingly, this appeals are disposed of. Consequentially
connected miscellaneous petitions are closed. No costs.
21.04.2023
pbl
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A.S Nos.44 of 2019
To
1. The District Court II, Kanchipuram.
2.The Section Officer,
V.R Section.
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A.S Nos.44 of 2019
T.V.THAMILSELVI,J.
Pbl
A.S Nos.44 of 2019 and 281 of 2020
21.04.2023
https://www.mhc.tn.gov.in/judis
