V.Damodharan vs /
2024 Latest Caselaw 5143 Mad

Citation : 2024 Latest Caselaw 5143 Mad
Judgement Date : 5 March, 2024

Madras High Court

V.Damodharan vs / on 5 March, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                              A.S.(MD)No.56 of 2015

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 05.03.2024

                                                     CORAM:

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
                                             AND
                         THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

                                             A.S.(MD)No.56 of 2015
                     1.V.Damodharan
                     2.D.Dinakaran                                      ...Appellants

                                                        /Vs./

                     A.Lalitha                                          ...Respondent


                     PRAYER:- Appeal - filed under Section 96 and Order 41 Rule 1 & 2 of
                     CPC, to set aside the decree and judgment passed in OS No.40 of 2013
                     dated 30.10.2014 on the file of the II Additional District Judge,
                     Trichirappalli and dismiss the suit by allowing this appeal.


                                  For Appellants       : Mr.M.N.Sankaran (A1)
                                                        Mr.B.Ramnath (A2)
                                  For Respondent       : Mr.T.Lenin Kumar




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                                                                               A.S.(MD)No.56 of 2015

                                                     JUDGMENT

(Judgment of the Court was made by V.BHAVANI SUBBAROYAN, J.)

The present appeal has been filed challenging the judgment

and the preliminary decree passed by the II Additional District Judge,

Trichirappalli, in O.S.No.40 of 2013 dated 30.10.2014.

2. During the pendency of this appeal, the first appellant died

on 05.03.2019 leaving behind the second appellant and the respondent as

his legal heirs. To that effect, a memo has also been filed with the copies

of the death certificate and the legal heirship certificate of the first

appellant. Thereafter, the second appellant and the respondent have

arrived at an amicable settlement and they have also filed a joint memo

of compromise dated 22.12.2023 signed by the parties stating that the

dispute between them has been resolved and settled. The said memo is

recorded and is scanned hereinbelow:-

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3. In view of the above terms of compromise, the second

appellant is entitled to 2/3 share of schedule property in the suit and the

respondent is entitled to 1/3 share in the schedule property. As per the

above division of the share, the parties have to initiate the final decree

proceedings as per the terms of the compromise. The learned trial Judge

upon filing the petition is to pass the final decree as per the terms of

compromise as stated above.

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4.In the result, this Appeal Suit is disposed of, in the following

terms:

(i)The preliminary decree passed in O.S.No.40 of 2013 by the

Court below in granting 1/3 share to each party is modified to the effect

that the second appellant is entitled to 2/3 share and the respondent is

entitled to 1/3 share.

(ii)The Court below is hereby directed to pass the final decree

on the basis of the above said terms of compromise upon filing

application on behalf of the party to the suit.

(iii)The joint memo of compromise dated 22.12.2023 filed

before this Court shall form part of this Judgment and Decree.

Connected Miscellaneous Petitions are closed. There shall be no order as

to costs.



                                                                 (V.B.S.J.) & (K.K.R.K.J.)
                                                                       05.03.2024
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     sm

Note:Registry is directed to return the original records forthwith.

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TO:-