Madras High Court
T.S.Balagurusamy Odayar vs V.Ramadurai (Deceased) on 21 July, 2023
S.A. No. 787 of 2008
IN T7HE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
S.A. No.787 of 2008
and
M.P. No. 1 of 2008
1. T.S.Balagurusamy Odayar
T.S.Rajagopalan (deceased)
3. Swaminathan
(3rd appellant brought on record as
LR of deceased 2nd appellant
viz., T.S.Rajagopalan vide Court order
dated 21.07.2023 made in C.M.P.
Nos.14177 and 14173 of 2023)
... Appellants
Versus
1. V.Ramadurai (deceased)
2. S.Sethuraman
3. S.Chinnamal
4. T.S.Rajagopalan
5. A.R.Senbagalakshmi
6. S.Meenatchi
7. S.Visalatchi
8. Mrs.V.Meenalochani
9. Mrs. Shyamala K. Lakshmanan
(R8 & R9 brought on record as LR of
deceased 1st respondent vide memo
submitted on 21.07.2023) ... Respondents
1/6
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S.A. No. 787 of 2008
Prayer:- Second Appeal has been filed under Section 100 C.P.C., against
the judgment and decree dated 11.03.2008 made in A.S.No.34 of 2007 on
the file of Sub-Court, Mannargudi confirming the judgment and decree
dated 26.10.2007 made in O.S.No.143 of 1999 on the file of the District
Munsif Court, Mannargudi.
For Appellants : Mr.V.G.Suresh Kumar
For Respondents : R1 – died
Mr.M.Venkatakrishnan for R2
Mr.M.Simon Jayakumar for R4
R3, R5 to R7 – No appearance
JUDGEMENT
Today, when the matter taken up for hearing, the learned counsel for
respondents filed a memo stating that pending appeal, the 1st respondent
died intestate on 02.09.2019 and he has no objection to continue the
proceedings without impleading legal heirs, since the school management is
pertaining to male issues of the family. Memo is recorded. Registry is
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S.A. No. 787 of 2008
directed to carry out necessary amendment with regard to 2nd appellant as
well as 1st respondent.
2. The defendants 3 to 7 have contested before the trial court, but
their claim was not accepted. Against which, they have not preferred any
appeal till date. As per the concurrent findings of the courts below, the suit
decreed in favour of plaintiff. Against which, the defendants 2 and 3 have
preferred this Second Appeal. During the pendency of appeal proceedings,
the 2nd appellant died and his legal heir was impleaded as third party. So
also, the 1st respondent died, but as per the Memorandum of Understanding,
only male members alone directed to maintain the affairs and management
of the school. So, the legal heirs are not necessary to the proceedings and
they were given up. To that effect, a memo was filed by the plaintiffs
counsel and the same is recorded. Now, the compromise arrived between the
1st and 3rd appellant and the 2nd respondent. All the parties have appeared
along with their counsel and agreed to the terms of Joint Memorandum of
Compromise, which is extracted hereunder :-
“I. The family of late T.S.Swaminatha Odayar holds 11/30
shares and the family of late S.Ramadurai Iyer holds the
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S.A. No. 787 of 2008
balance 19/30 shares in the property of the National Primary
School Mr. T.R.Swaminathan, the 3rd appellant herein and
Mr.S.Sethuraman, the 2nd respondent herein, represent their
respective families.
II. Both the parties mutually agree to start the cycle of
management (Automatic Turn Management) from the date
29.05.2022. It is also mutually agreed between the parties that
Mr.R.Viswanathan, the eldest male member in the family of
late S.Ramadurai Iyer will hold the post of Secretary and
Correspondent till 28.05.2025. Mr.T.R.Swaminthan, the 3rd
appellant herein, the member and representative of the family
of late T.S.Swaminatha Odayar will start his cycle of
administration from 29.05.2025 and the same will be for a
period of three years.
III. Likewise, the automatic turn cycle of management shall
be continued by and with the legal representatives of the two
respective families, as agreed upon mutually.
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S.A. No. 787 of 2008
IV. In case, the eldest lineal male member in the family of
Ramadurai Iyer is incapacitated or is unwilling to act, the next
in seniority or any member nominated from and by the Iyer
family will administer during the term of their management.
V. Both the parties hereby mutually consent for disposing
the second appeal on the above terms.”
3. In view of the submissions made by both the learned counsel
appearing for 1st and 3rd appellant and the 1st respondent and on considering
the fact that the matter is settled in terms of aforesaid joint compromise
memo, this Second Appeal is disposed of. Joint Memorandum of
Compromise received from the 1st and 3rd appellant and the 1st respondent
shall form part and parcel of this judgment. No costs. Consequently, the
connected Miscellaneous Petition is closed.
21.07.2023
rpp
To
Sub-Judge,
Mannargudi.
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S.A. No. 787 of 2008
T.V.THAMILSELVI, J.
rpp
S.A. No. 787 of 2008
21.07.2023
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