V.Perumal vs Muthammal(Died)
2023 Latest Caselaw 11290 Mad

                                                                             S.A.(MD)No.1176 of 2011

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 25.08.2023

                                                     CORAM:

                            THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                            S.A.(MD).No1176 of 2011
                 1.V.Perumal
                 2.Muthulakshmi
                 3.V.Chelladurai
                 4.Vellaithai                                                        ... Appellants
                                                        Vs.
                 1.Muthammal(died)
                 2.Packiam
                 R2 is brought on record as LRs.
                 of the deceased sole respondent
                 vide Court order dated 17.08.2020
                 made in C.M.P.(MD).Nos.2301 to 2303 of 2016
                 in S.A.(MD).No.1176 of 2011.                                      ... Respondents

                 PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure
                 Code, against the judgment and decree dated 18.08.2011 made in A.S.No.15 of
                 2010 on the file of the Sub Court, Theni partly allowing and partly dismissing the
                 judgment and decree dated 23.02.2010 made in O.S.No.133 of 2005 on the file of
                 the District Munsif Court cum Judicial Magistrate, Andipatty, Theni District.


                                   For Appellants     : Mr.S.Rajasekar
                                   For Respondents : Mr.T.R.Jeyapalam


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https://www.mhc.tn.gov.in/judis
                                                                                    S.A.(MD)No.1176 of 2011



                                                        JUDGMENT

The subject matter is pertaining to the partition among the family

members. The suit in O.S.No.133 of 2005 was decreed and against which, the

defendants have filed an appeal and the same was dismissed. Hence, the present

appeal came to be filed by the defendants. Under such circumstances, the learned

counsel for the appellants filed a Memo dated 14.08.2023, stating that the matter

has been settled amicably between the parties and the second respondent, who is

the sole legal heir of the first respondent/plaintiff executed a release deed by way

of Document No.3075/2023, dated 22.05.2023, in respect of the share allotted to

her in a preliminary decree, by receiving a sum of Rs.2,94,005/- from the

appellants herein. Therefore, he would submit that nothing survives in the present

appeal for adjudication.

2. In view of the above, the Second Appeal is dismissed as settled out of

Court. No costs.

25.08.2023 akv

https://www.mhc.tn.gov.in/judis S.A.(MD)No.1176 of 2011

To

1.The Sub Court, Theni.

2.The District Munsif Court cum Judicial Magistrate, Andipatty, Theni District.

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.1176 of 2011

KRISHNAN RAMASAMY,J.

akv

S.A.(MD).No.1176 of 2011

25.08.2023

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