Madras High Court
A.R.Velan Masilamani vs R.Anand on 7 September, 2023
S.A. No.612 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
S.A. No.612 of 2014
and
T.O.S.No. 13 of 2009
S.A.No.612 of 2014
A.R.Velan Masilamani,
S/o. A.R.Raja Masilamani ... Appellant
Versus
1. R.Anand,
S/o. A.R.Raja Masilamani
2. R.Shanmugam,
S/o. A.R.Raja Masilamani ... Respondents
Prayer in S.A.No.612 of 2014:- Second Appeal has been filed under
Section 100 C.P.C., against the judgment and decree passed in A.S.No. 19
of 2011 on the file of the IV Addl. City Civil Judge, Chennai dated
03.08.2012 reversing the decree and judgment passed in O.S.No.7427 of
2008 on the file of VI Asst. City Civil Judge, Chennai dated 25.06.2010.
1/5
https://www.mhc.tn.gov.in/judis
S.A. No.612 of 2014
T.O.S.No. 13 of 2009
A.R.Velan Masilamani,
S/o. A.R.Raja Masilamani ... Petitioner
Versus
1. R.Anand,
S/o. A.R.Raja Masilamani
2. R.Shanmugam,
S/o. A.R.Raja Masilamani
3. T.A.Kandaswamy,
S/o. late Ananda Pillai ... Respondents
Prayer in T.O.S.No. 13 of 2009 :- Original Petition for Letters of
Administration filed under Sec. 232 and 276 of Indian Succession Act, 1925
and under Order XXV Rule 5 of O.S.Rules, praying that the Letters of
Administration with the certified copy of the Will annexed may be granted
to him as the grandson and one of the legatee of the Will of the said
deceased having effect limited to the State of Tamil Nadu.
2/5
https://www.mhc.tn.gov.in/judis
S.A. No.612 of 2014
For Appellant : Mr.S.Balasubramanian
in S.A.No.612 of 2014
For Respondents 1 & 2
in S.A.No.612 of 2014 : Mr.J.R.K.Bhavanandam
For Petitioner in : Mr.S.Balasubramanian
T.O.S. No.13 of 2009
For Respondents 1 & 2
in T.O.S.No.13 of 2009 : Mr.J.R.K.Bhavanandam
JUDGEMENT
Today, when the matters taken up for hearing, both learned counsel
for appellant and respondents appeared. Already these matters were referred
to mediation and the report from the Mediation Centre is received. Before
the Mediation and Conciliation Centre of this court, settlement was arrived
amicably between the parties and a settlement agreement was executed by
both parties. As per the terms of settlement agreement, the plaintiff and
defendants 1 and 2 have settled the issue. Accordingly, the third portion of
property as shown in the division plan attached with the settlement
agreement was divided. As per the mediation report, all the three parties
have agreed for the said division as enclosed in the division plan. The
https://www.mhc.tn.gov.in/judis
S.A. No.612 of 2014
appellant, respondents as well as their counsels have signed in the
settlement agreement.
2. Originally, the suit was filed seeking to furnish the accounts for the
rents and profits by the appellant against the defendants 1 and 2. All are
brothers and they were sons of A.R.Raja Masilamani. Now, during the
pendency of proceedings, with regard to entire property along with land,
they have agreed to divide. Accordingly, settlement was arrived before the
Mediation in the presence of their counsels as well as Mediator. Therefore,
this Second Appeal as well as Testamentary Original Suit in T.O.S.No.13 of
2009 are disposed of as per the terms of Settlement Agreement. The said
Settlement Agreement dated 25.07.2022 shall form part and parcel of this
judgment. No costs.
07.09.2023
rpp
To
VI Asst. Judge,
City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
S.A. No.612 of 2014
T.V.THAMILSELVI, J.
rpp
S.A. No.612 of 2014
& T.O.S.No. 13 of 2009
07.09.2023
https://www.mhc.tn.gov.in/judis
