Madras High Court
K.Amudha vs Nallaiah on 27 June, 2023
A.S.(MD)No.62 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
A.S.(MD)No.62 of 2020
and
C.M.P.(MD)No.2313 of 2020
Velusamy (died)
1.K.Amudha
2.G.Shanthi
3.Vijayalakshmi
4.Thilagavathi ... Appellants / Plaintiffs 2 to 5
Vs.
Subbaiah (died)
1.Nallaiah
2.Ramachandran
3.Kanagaraj ... Respondents / Defendants 2 to 4
PRAYER: Appeal Suit filed under Section 96 r/w Order 41 Rule 1 & 2 of
Civil Procedure Code, praying this Court to set aside the decree and
judgment passed in O.S.No.59 of 2012, dated 13.09.2019 on the file of the
learned Principal District Judge, Dindigul.
1/6
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.62 of 2020
For Appellants : Ms.V.Janakidevi
For Respondents : Mr.D.Venkatesh
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This Appeal Suit is filed against the judgment and decree made in
O.S.No.59 of 2012, dated 13.09.2019 on the file of the learned Principal
District Judge, Dindigul.
2.During the pendency of this Appeal Suit, the parties since
expressed their willingness to compromise themselves and to come forward
a negotiated settlement, it had been referred to mediation and in the
mediation both the parties had come forward to settle the issue amicably.
Therefore, a settlement / agreement had been reached between both sides,
followed by a joint compromise memo had also been prepared and signed
by both the parties.
3.According to the said compromise memo, the first schedule
properties would be allotted to the appellants / plaintiffs 2 to 5, who are the
legal heirs of the 1st plaintiff. The second schedule properties would be
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.62 of 2020
allotted to the respondents / defendants 2 to 4, who are the legal heirs of the
1st defendant. The parties signed in the compromise memo. Insofar as the
property in Patta No.1085 for Survey No.91/1E1, Kallipatti Majara,
Chettinaickenpatti Village, Dindigul District and Taluk is concerned, it has
been converted into approved plots and the parties had already jointly sold
some plots. Out of the unsold plots, the appellants will get Plot No.15
measuring into 2400 sq.ft., and the respondents will get the existing house
in Kallipatti Post, Chettinayakkanpatti Village, Dindigul District.
4.These properties are not form part of either the first schedule or
the second schedule. That is how the parties have agreed to settle the issue
by having peaceful partition and the properties were also accordingly
allotted. Therefore, they seek for judgment and decree in this Appeal Suit
even by way of final decree.
5.The parties on both sides ie., the four legal heirs signed on
behalf of the 1st plaintiff and the three legal heirs signed on behalf of the 1st
defendant appeared before this Court and confirmed the said agreement and
settlement.
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A.S.(MD)No.62 of 2020
6.In view of the same, this Appeal Suit is disposed of with the
following judgment:-
(i)the joint compromise memo entered into between the appellants
and the respondents dated 13.03.2023 has been accepted by this Court and
accordingly, the first schedule property is allotted to the appellants side.
The second schedule property is allotted to the respondents and insofar as
the two other properties mentioned herein above is concerned, those
properties also according to the compromise memo had been allotted to the
parties.
(ii)Since this allotment had been made pursuant to the
compromise memo by way of settlement between the parties, based on
which, this judgment and final decree is passed.
(iii)The appellants are entitled to get back the Court fee in
accordance with law.
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A.S.(MD)No.62 of 2020
7.The Registry is directed to issue final decree in terms of the
aforestated compromise recorded in this judgment. No costs.
Consequently, connected miscellaneous petition is closed.
(R.S.K., J.) & (K.K.R.K, J.)
27.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MYR
To
1.The Principal District Judge,
Dindigul.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.62 of 2020
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
MYR
A.S.(MD)No.62 of 2020
27.06.2023
https://www.mhc.tn.gov.in/judis
