Madras High Court
Thangapriya vs Rajadurai on 20 March, 2023
A.S.(MD)No.50 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
A.S.(MD)No.50 of 2013
Thangapriya ... Appellant / Plaintiff
Vs.
Rajadurai ... Respondent / Respondent
PRAYER: Appeal Suit filed under Section 96 of Civil Procedure Code,
praying this Court to set aside the judgment and decree in O.S.No.87 of
2011 on the file of the learned II Additional District and Sessions Judge,
Trichy, dated 23.11.2012.
For Appellant : Mr.C.Vakeeswaran
For Respondent : Mrs.N.Krishnaveni,
Senior Counsel
For Mr.P.Thiagarajan
1/6
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A.S.(MD)No.50 of 2013
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.87 of 2011 dated 23.11.2012 on the file of the learned II Additional
District and Sessions Judge, Trichy.
2.The appellant is the plaintiff and the respondent is the defendant
before the trial Court, where the appellant / plaintiff filed the suit for
partition against the respondent / defendant.
3.The partition suit was filed in respect of five items of the
properties, where the trial Court passed an judgment and decree in respect
of the items 1 to 4, where 1/6 properties had been allotted in favour of the
appellant / plaintiff and the remaining 5/6 properties had been allotted to the
respondent / defendant in respect of the items 1 to 4.
4.In respect of 5th item, the suit was dismissed. As against the
judgment and decree, though this Appeal Suit was filed by the appellant /
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A.S.(MD)No.50 of 2013
plaintiff, during the pendency of the Appeal Suit, the matter has been
referred to the Mediation Centre to explore the possibility of settlement
between the parties, who are close relatives.
5.Before the Mediation Centre, an effort has been taken to settle
the issue, where the settlement was reached between the parties. According
to the settlement, as per the report submitted by the Mediation Centre dated
09.03.2023, 35% of the properties of items 1 to 4 would be allotted to the
appellant / plaintiff and the remaining 65% would be allotted to the
respondent / defendant.
6.Insofar as the final decree is concerned, the property are since
indivisible, it was also agreed between the parties that in lieu of 35% of the
properties, which was allotted to the appellant / plaintiff, that has been
valued to the extent of Rs.1,60,16,000/- (Rupees One Crore Sixty Lakhs and
Sixteen Thousand Only) and in the event that amount is paid to the
appellant / plaintiff by the respondent / defendant, the property ie., all the
four items need not be divided and it can be taken up by the respondent /
defendant. To that extent, since a compromise was reached before the
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A.S.(MD)No.50 of 2013
Mediation Centre, the said amount had been paid by way of Demand Draft
by the respondent / defendant to the appellant / plaintiff.
7.After having receipt of the entire amount, the parties had entered
into the joint memo of compromise dated 20.03.2023, whereby the aforesaid
compromise reached between the parties have been reduced in writing,
including the payment.
8.Therefore, the learned respective counsel appearing for both
sides have requested this Court to record the said compromise reached
between the parties in terms of the joint memorandum dated 20.03.2023.
9.The appellant as well as the respondent is present before this
Court and they also stated that such a compromise had been reached
between them in terms of the said joint memorandum dated 20.03.2023.
10.In view of the aforestated, the joint memo of compromise filed
by the appellant and the respondent dated 20.03.2023 is taken on record and
the same shall be form part of the judgment and decree and in terms of the
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A.S.(MD)No.50 of 2013
joint compromise memo filed by the appellant and the respondent, this
Appeal Suit by way of final decree is decreed. Accordingly, this Appeal
Suit is disposed of. The Mediation Centre's report dated 09.03.2023 also
shall form part of the judgment and decree. The judgment and decree of the
trial Court since having been modified by the preliminary decree as agreed
between the parties, it is culminated with this final decree and judgment.
11.It is made clear that on production of the copy of this judgment
and decree by the parties concerned, the same shall be registered by the
Registering Authority concerned within the meaning of Section 23 of the
Registration Act, 1908, without insisting upon the four months limitation
period and by taking into account the value of the suit at the time of filing of
the suit and not the value of the property as of now. No costs.
(R.S.K., J.) & (K.K.R.K, J.)
20.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MYR
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A.S.(MD)No.50 of 2013
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
MYR
To
1.The II Additional District and Sessions Court,
Trichy.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
A.S.(MD)No.50 of 2013
20.03.2023
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