J.Vetrivel vs B.Leelavathi
2024 Latest Caselaw 14894 Mad

Citation : 2024 Latest Caselaw 14894 Mad
Judgement Date : 1 August, 2024

Madras High Court

J.Vetrivel vs B.Leelavathi on 1 August, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                        A.S.(MD)No.182 of 2015

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 01.08.2024

                                                    CORAM:

                                   THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                              A.S.(MD)No.182 of 2015
                                                      and
                                               M.P.(MD)No.2 of 2015

              J.Vetrivel                                               ...Appellant

                                                       Vs.
              1.B.Leelavathi
              2.V.Gnanajothi
              3.G.Mahalakshmi
              4.P.V.Srinivasan
              5.V.Syamaladevi
              6.V.Manikandan
              7.T.Ganesan
              8.G.Vijayaprasanna
              9.G.Madhumitha
              10.J.Mohan
              11.Chandra                                                ...Respondents

              (Respondents 4 to 6 are brought on record as LRs
              of the deceased 2nd respondent, vide Court order,
              dated 22.08.2023, made in C.M.P.(MD)Nos.5710
              and 5712 of 2023 in A.S.(MD)No.182 of 2015)

              (Respondents 7 to 9 are brought on record as LRs
              of the deceased 3rd respondent, vide Court order,
              dated 22.08.2023, made in C.M.P.(MD)Nos.5709,
              5711 and 5713 of 2023 in A.S.(MD)No.182 of 2015)


              1/4

https://www.mhc.tn.gov.in/judis
                                                                                    A.S.(MD)No.182 of 2015

              (Respondents 10 and 11 are impleaded, vide common
              order, dated 16.04.2024, made in C.M.P.(MD)Nos.
              396 and 397 of 2024 in A.S.(MD)No.182 of 2015)

              PRAYER: This Appeal Suit filed under Section 96 and Order 41 Rule 1 of C.P.C., to
              set aside the preliminary decree and judgment, dated 27.02.2015, made in O.S.No.5
              of 2013 on the file of the II Additional District and Sessions Judge, Thanjavur.


                                    For Appellant       : Mr.N.Balakrishnan
                                    For R1, R4 to R9 : Mr.H.Lakshmi Shankar
                                    For R10             : Mr.A.Arumugam
                                    For R11             : Mr.V.George Raja
                                    R2 and R3           : Died
                                                          ****


                                                      JUDGMENT

The suit is filed for partition. The suit was allowed granting 1/5th right to all

the parties. However, the second defendant claimed right over the properties except

4th item, which he claims under Will. Since the Will was not produced, the Trial

Court held that the Will is not proved and granted 1/5th share. Aggrieved over the

same, the present appeal is preferred by the second defendant.

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

2.Pending Appeal, the parties have entered into compromise and a joint

compromise memo is filed before this Court. The parties appeared before this Court

and submitted that they are agreeing for the terms of joint compromise memo.

3.Hence, the appeal is allowed in terms of the joint compromise memo and the

joint compromise memo shall form part and parcel of the judgment and decree.

Thus, the impugned judgment and decree passed by the Trial Court are set aside. No