Madras High Court
V.Veeramani vs K.Banupriya on 27 July, 2023
A.S.(MD)No.294 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
A.S.(MD)No.294 of 2021
1.V.Veeramani
2.B.Subha @ Pandiammal ...Appellants
/Vs./
1.K.Banupriya
2.Minor K.Yuvaraj
(Minor R2 is declared as Major and the guardianship of his mother,
K.Dhanalakshmi is discharged vide Court Order dated 17.07.2023 made
in CMP(MD)No.8373 of 2023 in AS(MD)No.294/2021.)
3.S.P.Kumbabishekam
4.C.Annamalai
5.V.Muniasamy
6.R.Palanisamy
7.M.Meenakshi
8.P.Jeyachandran
9.M.R.Kubendiran
1/6
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.294 of 2021
10.M.R.Thulasiraman
11.The Commissioner,
Avaniapuram Panchayath Now by
Commissioner, Madurai Municipal Corporation,
Anna Maligai, Alagar Koil Road,
Madurai.
12.S.Ashif ...Respondents
PRAYER:- Appeal Suit - filed under Section 96 of CPC, to set aside the
judgment and decree dated 16.02.2018 in O.S.No.3 of 2012 on the file of
I Additional District Judge, Madurai, insofar as Item 2 of the suit
property insofar as defendants 5 and 6 one concerned and allow the
Appeal as prayed for.
For Appellants : Ms.AL.Gandhimathi
For Respondents : Mr.R.Sethuraman (R1&R2)
Mr.P.Ganapathisubramanian (R4)
R3, R5 to R10 & R12 – D/W
Mr.S.Vinayak (R11)
(R3 to R12 given up vide memo dated
26.07.2023 filed by the appellants)
2/6
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.294 of 2021
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
This matter is listed under the caption for 'Reporting
Settlement' today. The appeal suit is pursued only as against respondents
1 and 2 and a memo is filed by the appellants dated 21.07.2023 to this
effect. The memo is placed on record and the contents duly noted.
2. As regards the relief sought, the respondents 1 and 2 hold a
decree in respect of 2/9th share in Item 2 of the suit property under sale
deed dated 28.06.2007 registered as Document No.7215/2007. Those
respondents, ie., R1 and R2 have filed memo dated 26.07.2023 reading as
follows:
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.294 of 2021
“MEMO FILED BY RESPONDENT 1 AND 2
1. The respondents 1 and 2 submits that the
above appeal has been filed by the appellants as
against the decree dated 16.02.2018 in O.S. No. 3 of
2012 on the file of First Additional District Judge,
Madurai.
2. The respondents herein in whose favour a
decree has been granted in respect of 2/9th share in
item 2 of the suit property hereby withdraw their claim
in respect of their 2/9th share of the properties under
sale deed dated 28.06.2007, registered as doc.no.
7215/2007.
3. The respondents hereby are not pressing
their decree in respect of 2/9th share in item 2 of the
suit property and appellants will be entitled to the said
property.
4. As such the appeal may be allowed in
respect of the decree as against item 2 of the suit
properties.
It is therefore humbly prayed that this
Hon'ble Court may be pleased to record this memo.”
3. The parties, ie., Mr.V.Veeramani and Ms.B.Subha @
Pandiammal, being appellants and Ms.K.Banupriya and Mr.K.Yuvaraj,
being respondents 1 and 2 are present in Court today and their presence
is duly noted.
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A.S.(MD)No.294 of 2021
4. In light of the aforesaid memo, wherein the first and second
respondents give up their share in the suit schedule property concerned,
this appeal suit is liable to the allowed as regards the relief qua R1 and
R2. Accordingly, this Appeal Suit is allowed as against R1 and R2. No
costs.
[A.S.M.J.,] & [R.V.J.,]
27.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
sm
TO:
1.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
2.I Additional District Judge, Madurai.
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.294 of 2021
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Judgment made in
A.S.(MD)No.294 of 2021
Dated:
27.07.2023
https://www.mhc.tn.gov.in/judis
