Citation : 2026 Latest Caselaw 1134 Mad
Judgement Date : 11 March, 2026
A.S.No.57 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-03-2026
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN
A.S.No.57 of 2023
&
C.M.P.No.3139 of 2023
1. P.Raja,
S/o.Palani.
2. R.Lakshmi,
W/o.P.Raja,
Both are residing at
Old No.136, New No.7 Tiruvannamalai,
Main Road, Manalurpet post,
Thirukovilur, Villupuram District. ... Defendants No.9 & 10/Appellants
Vs.
1. R.Puspalatha
W/o.N.Prakash Kumar,
No.61/30, Venkatraman Street,
Kondithope,
Chennai – 600 079.
2.R.Kumar,
S/o.K.Ramasamy (Late),
Easwaran Koil Street,
Manalurpet Post, Thirukovilur,
Villupuram District-605 754.
3.R.Ravidoss,
S/o.Kumar R,
Easwaran Koil Street,
Manalurpet, Thirukovilur,
Villupuram District-605 754.
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A.S.No.57 of 2023
4.K.Sivalakshmi,
D/o R.Kumar, Easwaran Koil Street,
Manalurpet Post,
Thirukovilur,
Villupuram District-605 754.
5.K.Teja,
D/o.R.Kumar,
Easwaran Koil Street,
Manalurpet Post, Thirukovilur,
Villupuram District-605 754.
6.V.Umamaheswari
W/o.Vijayakumar,
No.12, Therku Saliyar Street,
Manalurpet Post, Thirukovilur,
Villupuram District-605 754.
7.R.Agila
W/o.R.Ananthakumar,
No.88, Sivan Koil Street,
Panayapuram Post,
Villupuram Taluk & District.
8.A.Jayalakshmi,
W/o.Arumugam,
206-2, Dhura Kogihalli,
Thottapallapura,
Bangalore Rural, Karnataka State.
9.Vijayalakshmi,
W/o.Jayaram,
Mariamman Koil Street,
Devikapuram Village,
Thirukovilur Taluk,
Villupuram district.
10.The Sub Registrar
Manalurpet,
Villupuram District.
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A.S.No.57 of 2023
11.N.Balakrishnan
W/o.Murugesan,
No.17/17, Easwaran Koil Street,
Manalurpet and Post,
Thirukovilur Taluk,
Villupuram District-605 754.
12.S.Panneerselvam,
S/o.Sundaramurthy,
52/91, Chinna Kolapadi,
Chengam Taluk,
Thiruvannamalai District-606 754. ... Respondents
(The defendants 2 to 9 & 12 are exparte in trial Court. Hence, they are not
necessary parties in this appeal)
Prayer: First Appeal has been filed under Section 96 of Code of Civil
Procedure, to set aside the Judgment and decree in O.S.No.1 of 2014 dated
31.03.2022 on the file of Additional District Judge (Fast Track Court),
Villupuram and allow this appeal with cost.
For Appellants: Mr.P.Jagadeesan
For Respondents: M/s.U.K.Kalaiarasi, for R1
Exparte - R2 to R9 & R12
No appearance - R11
Mr.G.Nanmaran,
Special Government Pleader, for R10
ORDER
The suit for partition filed by one Pushpalatha against her siblings in
O.S.No.1 of 2014 on the file of the Additional District Judge, Fast Track Court,
Villupuram and the same was decreed in favour of the plaintiff, holding that she
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is entitled for 1/5th share in item Nos.2 & 3 in the suit schedule property and
1/4th share in item Nos.6 & 7 of the suit schedule property.
2. Being aggrieved, the defendants 9 & 10 had preferred Appeal Suit
before this Court and the same is numbered as A.S.No.57 of 2023.
3. The Learned Counsel appearing for either side agreed for referring the
matter to the Mediation Centre, High Court, Madras. Accordingly, the matter
was referred for mediation.
4. In the mediation, the parties have settled their dispute and entered into
a settlement agreement dated 05.01.2026.
5. The appellants and 1st respondent who is the plaintiff have signed the
settlement agreement, wherein the successful plaintiff had given up her right in
item Nos.2 & 3 of the suit schedule property in favour of the 2 nd appellant, on
receipt of Rs.10,00,000/- (Rupees Ten Lakhs only) towards her 1/5th share in
the item Nos.2 & 3. In respect of item Nos.6 & 7, the appellants recorded no
objection to pass final decree in terms of the preliminary decree passed by the
Additional District Judge, (Fast Track Court), Villupuram in O.S.No.1 of 2014.
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6. As a result, the parties are agreed to get compromise decree in terms of
the settlement. The Learned Counsel appearing for the appellants submitted that
the decree may be passed in terms of the settlement.
7. In view of the settlement arrived between the parties, A.S.No.57 of
2023 is disposed of in terms of the settlement. The terms of agreement shall
form part of the decree. There shall be no order as to costs. Consequently,
connected Miscellaneous Petition is closed.
11-03-2026
Index :Yes/No.
Neutral Citation :Yes/No.
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To,
1. The Additional District Judge (Fast Track Court), Villupuram.
2. The Sub Registrar, Manalurpet, Villupuram.
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Dr.G.JAYACHANDRAN, J.
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&
11-03-2026
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