S.Siyathu Bava vs M.Salhabeevi :First
2023 Latest Caselaw 5702 Mad

    2023/MHC/2494




                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 07.06.2023

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                          A.S(MD)No.193 of 2022
                                                  and
                                        C.M.P(MD)No.8351 of 2022


                     S.Siyathu Bava                 :Appellant/Second respondent

                                             .vs.


                     1.M.Salhabeevi                 :First Respondent/Plaintiff

                     2.S.Nabeezhzbeevi

                     3.S.Sheikabdulla

                     4.S.Rahamathunisha

                     5.S.Inulpasariya

                     6.M.Aayeeshamariyam

                     7.S.Naina Mohamed              :Respondent 2 to 7/Defendants


                     PRAYER: Appeal Suit filed under Order 41 Rule 1 r/w Section 96 of
                     the Civil Procedure Code against the judgment and decree made
                     in O.S.No.57of 2013, dated 31.3.2021, partly dismissing the suit, on
                     the filing of the Court of Principal District Judge, Sivagangai.


                                  For Appellant           :Mr.T.Thirumurugan




                     1/4
https://www.mhc.tn.gov.in/judis
                                       For Respondents        :Mr.V.K.Peter Rajan
                                            1 and 5

                                       For Respondent-2        :Mr.K.Vignesh Kumar

                                       For Respondent-7        :Mr.J.Anandkumar

                                       For Respondents        :No appearance
                                            3,4 and 6


                                                  JUDGMENT

*************

The appellant has filed this appeal suit challenging the

decree granting partition.

2.When the matter is taken up for hearing today, the

appellant is present and 7th respondent, who is none other than the

brother of the appellant and the contesting respondent also

present. The first respondent, who is the sister of the appellant

also present. During the pendency of the appeal suit, the appellant

and the respondents 1,2,5 and 7 have entered into a compromise

to divide the properties equally between themselves and filed a

memo to that effect incorporating the terms of compromise for

partition stating that they will execute necessary deeds in future on

the basis of the agreement, which is also placed before this Court.

The parties have agreed to the terms of the memo. The parties

have also agreed that there is no need for pursuing this appeal

https://www.mhc.tn.gov.in/judis further. They have also agreed to effect partition between

themselves by way of registered document. It is open to the parties

to enforce the agreement to effect registered partition between

themselves. The parties have also agreed before this Court that

they will effect partition by way of registered document within a

period of one month. The said memo is recorded.

3.In such view of the matter, the appeal suit is disposed of

in terms of memo of compromise and the judgment of the Court

below in O.S.No. 57 of 2013, dated 31.3.2021 is set aside. The

memo shall form part and parcel of the record. No costs.

Consequently, connected Miscellaneous Petition is closed.

07.06.2023

Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To

1.The Principal District Judge, Sivagangai.

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

https://www.mhc.tn.gov.in/judis N.SATHISH KUMAR.,J.

vsn

JUDGMENT MADE IN A.S(MD)No.193 of 2022 and C.M.P(MD)No.8351 of 2022

07.06.2023

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