Vasuki Ammal vs Kali Muthammal
2023 Latest Caselaw 6471 Mad

                                                                  S.A.(MD)No.342, 441 & 443 of 2020

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 19.06.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                      S.A.(MD)Nos.342, 441 & 443 of 2020
                                                       and
                           C.M.P.(MD)Nos.1085, 1086, 4029, 4030, 5167, 5169, 5175 of 2020


                     S.A.(MD)No.342 of 2020:


                     Vasuki Ammal                                     ... Appellant

                                                       /Vs./


                     1.Kali Muthammal
                     2.Shalini
                     3.Kalpana Devi
                        Respondents 1 to 3 are represented

through their power agent, Alagarsamy.

4.Aridoss Kennady Represented through his Power of Attorney Agent, Sakunthala Mehavarnam (died)

https://www.mhc.tn.gov.in/judis S.A.(MD)No.342, 441 & 443 of 2020

Balakrishnan (Died)

5.Archunammal Velayee (died)

6.Panchavarnam

7.Rakku

8.Ilangovan

9.Kanagavalli ...Respondents

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed in A.S.No.12/2014 and Cross Appeal dated 28.01.2020 on the file of the Additional District Court (Additional Fast Track), Paramakudi, modifying the judgment and decree passed in O.S.No.27/2008 dated 29.07.2013 on the file of the Sub Court, Paramakudi.

For Appellant : Mr.V.S.Kishok Kumar For Respondents : Mr.S.Kumar (R2 & R3) Mr.H.Arumugam (R4) Mr.S.Packiya Muthu (R5) Mr.K.Muthu Rakkan (R6 to R9) R1-Died

https://www.mhc.tn.gov.in/judis S.A.(MD)No.342, 441 & 443 of 2020

S.A.(MD)No.441 of 2020:

Aridoss Kennady ... Appellant

/Vs./

Mehavarnam (died) Balakrishnan (Died)

1.Archunammal

2.Kali Muthammal Velayee (died)

3.Panchavarnam

4.Rakku

5.Shalini

6.Kalpana Devi Respondents 2, 5 & 6 are represented through their power agent, Alagarsamy.

7.Ilangovan

8.Kanagavalli

9.Vasuki Ammal ...Respondents

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed in A.S.No.12/2014 and

https://www.mhc.tn.gov.in/judis S.A.(MD)No.342, 441 & 443 of 2020

Cross Appeal dated 28.01.2020 on the file of the Additional District Court (Fast Track), Paramakudi, modifying the judgment and decree passed in O.S.No.27/2008 dated 29.07.2013 on the file of the Sub Court, Paramakudi.

For Appellant : Mr.H.Arumugam

For Respondents : Mr.S.Packiya Muthu (R1) Mr.S.Kumar (R5 & R6) Mr.K.Muthu Rakkan (R3, R4, R7 & R8) Mr.V.S.Kishok Kumar (R9) R2-Died

S.A.(MD)No.443 of 2020:

Aridoss Kennady ... Appellant

/Vs./

1.Kali Muthammal

2.Shalini

3.Kalpana Devi Respondents 1 to 3 are represented through their power agent, Alagarsamy.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.342, 441 & 443 of 2020

Mehavarnam (died) Balakrishnan (died)

4.Aruchunammal Velayee (died)

5.Panchavarnam

6.Rakku

7.Ilangovan

8.Kanagavalli

9.Vasuki Ammal ...Respondents

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed in the Cross Appeal in A.S.No.12/2014 and dated 28.01.2020 on the file of the Additional District Court (Additional Fast Track), Paramakudi, insofar as granting the relief of partition over Item Nos.2,3,5 and 7 in “A Schedule of properties in favour of the defendants 5 to 7 by modifying the judgment and decree passed in O.S.No.27/2008 dated 29.07.2013 on the file of the Sub Court, Paramakudi.

For Appellant : Mr.H.Arumugam For Respondents : Mr.S.Packiya Muthu (R4) Mr.S.Kumar (R2 & R3) Mr.K.Muthu Rakkan (R5 to R8) Mr.V.S.Kishok Kumar (R9) R1-Died

https://www.mhc.tn.gov.in/judis S.A.(MD)No.342, 441 & 443 of 2020

COMMON JUDGMENT

A joint compromise memo dated 19.06.2023 has been filed by the

learned counsel appearing for the appellants. As seen from the said

memo, one of the respondents, namely, Kali Muthammal, died on

07.07.2021 leaving behind her two daughters namely, Shalini and

Kalpana Devi as her only legal heirs and they are already brought on

record as the respondents in this appeal as the legal heirs of the deceased

respondent, namely, Kali Muthammal.

2. All the parties to this second appeal have also filed a joint

memorandum of compromise and they have all signed the joint

memorandum of compromise, which has also been countersigned by the

respective counsels. The respective parties are personally present before

this Court and they have also been identified.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.342, 441 & 443 of 2020

3. In view of the joint compromise entered into between the

parties, the judgments and decrees of the Courts below are hereby set

aside. Both the second appeals are disposed of in terms of the joint

memorandum of compromise. The joint memorandum of compromise

dated 19.06.2023 shall form part of this judgment. There shall be no

order as to costs. Consequently, connected Miscellaneous Petitions are

closed.

                                                                                  19.06.2023
                     Index             : Yes / No
                     NCC               : Yes / No
                     Sm


                     TO:

1.The Additional District Court (Additional Fast Track), Paramakudi.

2.The Sub Court, Paramakudi.

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.342, 441 & 443 of 2020

ABDUL QUDDHOSE, J.

sm

Common Judgment made in S.A.(MD)No.342, 441 & 443 of 2020

Dated:

19.06.2023

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