Madras High Court
N.Jayalakshmi vs N.Palani (Deceased) on 3 January, 2023
C.S. No.597 of 2010 and
T.O.S. Nos.51 of 2001 & 47 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.01.2023
CORAM : JUSTICE N.SESHASAYEE
C.S. No.597 of 2010, T.O.S. Nos.51 of 2001 & 47 of 2016
C.S. No.597 of 2010
1.
N.Jayalakshmi
2.S.Thamaraikani (Deceased)
3.O.M.Subramanian
4.Mrs.S.Meenakumari
5.Mrs.R.Sornalatha
6.Mrs.V.Visalatchi .. Plaintiffs
(Plaintiffs 3 to 6 are brought on record as
LRs of deceased 2nd plaintiff as per order
dated 06.08.2012 made in A. No.2191 of 2012)
Vs.
1.N.Palani (Deceased)
2.M.Thanigaiselvi
3.P.Abirami
4.P.Manikandan
5.P.Akila .. Defendants
(Defendants 2 to 5 are brought on record as
LRs of deceased 1st defendant as per order
dated 30.11.2020 made in A. No.2769 of 2020)
Prayer : Civil Suit filed under Order VII Rule 1 of CPC for a judgment and
decree (a) for partition and separate possession of first plaintiffs' 2/3rd share in
________
Page 1/6
https://www.mhc.tn.gov.in/judis
C.S. No.597 of 2010 and
T.O.S. Nos.51 of 2001 & 47 of 2016
item No.1 and 1/3 share in item 2 and 3 of the schedule properties by metes and
bounds; (b) for partition and separate possession of the second plaintiff's 1/6
share in item No.1 and 1/3 share in item 2 and 3 of the schedule properties by
metes and bounts; (c) to pay a sum of Rs.6,400/- being the past mesne profits at
the rate of Rs.200/- from 8.4.97 to November 99 to the first plaintiff and also to
pay a sum of Rs.1,600/- being the past mesne profits at the rate of Rs.50/- from
8.4.97 to November 99 to the second plaintiff; (d) for future mesne profits from
the date of plaint to till the date of delivery of possession of plaintiffs respective
shares in item 1 of the suit properties to them; (e) to appoint an Advocate
Commissioner to divide the suit properties by metes and bounds and allot
plaintiffs respective shares in the schedule properties; and (f) directing the
defendants to pay the cost of the suit.
For Plaintiff : Mr.S.N.Kirubanandam
For Defendants : Mrs.V.Mahathi Chari
T.O.S. No.51 of 2001
1.N.Palani (Deceased)
2.Thanigai Selvi Plani
3.P.Abirami
4.P.Meikandan
5.P.Akila .. Plaintiffs
(Plaintiffs 2 to 5 are brought on record as
LRs of deceased first plaintiff as per order
dated 30.07.2021 made in A. Nos.2477, 2478
2479 of 2021)
________
Page 2/6
https://www.mhc.tn.gov.in/judis
C.S. No.597 of 2010 and
T.O.S. Nos.51 of 2001 & 47 of 2016
Vs.
1.Thamarai Kani (Deceased)
2.Jayalakshmi
3.O.M.Subramanian
4.S.M.Meena Kumari
5.R.Sornalatha
6.V.Visalatchi .. Defendants
(Defendants 3 to 6 are brought on record as
LRs of deceased 1st defendant as per order
dated 05.09.2012 made in A. Nos.2992
to 2994 of 2012)
Prayer : Testamentary Original Suit filed under Sections 232 and 276 of Indian
Succession Act No.XXXIX of 1925 and Order XV Rule 4 of Original Side
Rules for grant of Letters of Administration with Will annexed to the plaintiffs,
having effect through out the State of Tamil Nadu.
For Plaintiff : Mrs.V.Mahathi Chari
For Defendants : Mr.S.N.Kirubanandam
for D1, D2, D3 & D6
T.O.S. No.47 of 2016
1.Thamarai Kani (Deceased)
2.O.M.Subramanian
3.S.M.Meena Kumari
4.R.Sornalatha
5.V.Visalatchi .. Plaintiffs
(Plaintiffs 2 to 5 are brought on record as
________
Page 3/6
https://www.mhc.tn.gov.in/judis
C.S. No.597 of 2010 and
T.O.S. Nos.51 of 2001 & 47 of 2016
LRs of deceased 1st plaintiff as per order
dated 16.06.2016 made in A. No.1352
of 2016)
Vs.
1.Jayalakshmi Ammal
2.N.Palani (Deceased)
3.Thanigai Selvi Plani
4.P.Abirami
5.P.Meikandan
6.P.Akila .. Defendants
(Defendants 3 to 6 are brought on record as
LRs of deceased first plaintiff as per order
dated 30.11.2020 made in A. No.2770 of 2020)
Prayer : Testamentary Original Suit filed under Sections 222 and 276 of Indian
Succession Act and Order XXV Rule 4 of Original Side Rules to prove the Will
in common form and that Letters of Administration of the Will annexed may be
granted to the plaintiffs as the beneficiary under the Will of the said deceased
having effect throughout the State of Tamil Nadu.
For Plaintiff : Mr.S.N.Kirubanandam
For Defendants : Mrs.V.Mahathi Chari
________
Page 4/6
https://www.mhc.tn.gov.in/judis
C.S. No.597 of 2010 and
T.O.S. Nos.51 of 2001 & 47 of 2016
COMMON JUDGMENT
Both sides have amicably compromised the matter, in terms of which, the
plaintiffs in T.O.S. No.51 of 2001 and T.O.S. No.47 of 2016, have not pressed
their respective testamentary original suit.
2. The compromise is arrived between the parties in the civil suit and the parties
have appeared before this court and they vouched the same. This court is also
satisfied with the legality of the compromise entered into between the parties
and have also filed a Compromise Memo. Therefore, a decree, be passed in
terms of the compromise memo in C.S. No.597 of 2010. T.O.S. No.51 of 2001
and T.O.S. No.47 of 2016, are dismissed as not pressed. The Compromise
Memo is directed to be made as part of the decree. No costs.
11.01.2023
Asr
________
Page 5/6
https://www.mhc.tn.gov.in/judis
C.S. No.597 of 2010 and
T.O.S. Nos.51 of 2001 & 47 of 2016
N.SESHASAYEE.J.,
Asr
C.S. No.597 of 2010 and
T.O.S. Nos.51 of 2001 & 47 of 2016
03.01.2023
________
Page 6/6
https://www.mhc.tn.gov.in/judis
