Madras High Court
B.Vignesh vs B.Srividhya on 1 March, 2023
T.O.S. No.14 of 2014 & Tr.C.S. No.35 of
2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2023
CORAM : JUSTICE N.SESHASAYEE
T.O.S. No.14 of 2014 and
Tr. C.S. No.35 of 2023
T.O.S. No.14 of 2014
B.Vignesh ... Plaintiff
Vs.
B.Srividhya ... Defendant
Prayer: Testamentary Original Suit filed under Sections 232 and 276 of the
Indian Succession Act XXXIX of 1925 for the grant of Letters of
Administration.
For Plaintiff : Mr.Francis Cedric D'Cruz
For Defendants : Mr.V.Anand
Tr.C.S. No.35 of 2023
(O.S. No.65 of 2011 on the file of Sub Court, Pollachi)
B.Srividhya ... Plaintiff
Vs.
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T.O.S. No.14 of 2014 & Tr.C.S. No.35 of
2023
1.Raja Rajeswari
2.Vignesh ... Defendants
Prayer: The Civil Suit has been filed under Order VII Rule 1 CPC praying
(a) for a preliminary decree for partition of the suit schedule properties in to
three equal shares and allotment of one such share to the plaintiff by metes
and bound and put the plaintiff into separate possession thereof; (b) for
appointment of an Advocate Commissioner to divide the suit properties into
three equal shares by metes and bounds and allotment of one such share to
the plaintiff and separate possession and pass a final decree; (c) for a
permanent injunction restraining the defendants, their men, agents, servants
and anyone claiming through them from alienating or encumbering the
plaintiff's share in the suit schedule mentioned properties and (d) for costs of
the suit.
For Plaintiffs : Mr.V.Anand
For Defendants : Mr.Francis Cedric D'Cruz
COMMON JUDGMENT
There are two suits. One is a testamentary original suit in T.O.S. No.14 of
2014 for grant of Letters of Administration and the other is a civil suit in
Tr. C.S. No.35 of 2023 (transferred from the file of Sub Court, Pollachi in
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T.O.S. No.14 of 2014 & Tr.C.S. No.35 of
2023
O.S. No.65 of 2011) laid for partition and separate possession, wherein the
defendants have resisted the suit, based on the Will involved in the
testamentary original suit.
2. Be that as it may, the parties have amicably settled the matter and they
have also filed a Joint Memo of Compromise duly signed by the parties and
their respective counsel. In terms of the compromise, the plaintiff in T.O.S.
No.14 of 2014 is giving up his interest under the Will and consequently, the
suit in T.O.S. No.14 of 2014 is withdrawn by the plaintiff therein.
3. Turning to Tr.C.S. No.35 of 2023, the same is compromised in terms of
the Memo of Compromise. The parties and their counsel appeared before the
court and upon interviewing them, this court is satisfied as to the
genuineness of the execution of the Compromise Memo and also the legality
of the same.
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T.O.S. No.14 of 2014 & Tr.C.S. No.35 of
2023
4. Accordingly Tr.C.S. No.35 of 2023 is decreed, based on the terms of the
Joint Memo of Compromise. T.O.S. No.14 of 2014 is dismissed as not
pressed. No costs. The Joint Memo of Compromise shall form part of the
decree. Registry is required to refund the court fee, if any refundable, as per
rules.
01.03.2023
Asr
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T.O.S. No.14 of 2014 & Tr.C.S. No.35 of
2023
N.SESHASAYEE, J.
Asr
T.O.S. No.14 of 2014
and Tr.C.S.No.35 of 2023
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T.O.S. No.14 of 2014 & Tr.C.S. No.35 of
01.03.2023
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