Somasundaram v. Saraswathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.S.No.872 of 2012 and M.P.No.01 of 2012 1.Somasundaram, S/o.Rasa Gounder, Bye-Pass Road, Velur, Paramathi Velur Taluk.

2.Thangavel, S/o.Rasa Gounder, Rasapuram Medu, Kopanampalayam Village and Post, Paramathi Velur Taluk.

... Appellants/Defendants 1,2 Vs 1.Saraswathi W/o.R.K.Chinnusamy, Kabilarmalai Road, Paramathi, Paramathi Velur Taluk, Namakkal District.

2.Senthil Kumar, S/o.Late Rangasamy, Kabilarmalai Road, Paramathi, Paramathi Velur Taluk, Namakkal District.

3.Selvakumar, S/o.Lae Rangasamy, 88, Kabilarmalai Road, Paramathi, Paramathi Velur Taluk, Namakkal District.

... Respondents/Plaintiffs 2 to 4 PRAYER : Appeal filed against the judgment and decree passed in O.S.No.102 of 2007 dated 22.03.2012 on the file of the Additional District Court, Namakkal.

For Appellants :Mr.C.Jagadish For Respondents:Mr.T.Murugamanikkam Senior Counsel (for R1) Assisted by Zeenath Begum Mr.R.Anbukarasu (for R2 & R3)

J U D G M E N T

(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The Appeal has been filed by the defendatns aggrieved over the decree and judgment passed in O.S.No.102 of 2007 dated 22.03.2012 on the file of the Additional District Court, Namakkal.

2.Late Mr.Rasa Gounder and his wife Late Mrs.Pavayee Ammal had four children viz., Mr.Somasundaram, Mr.Thangavel/appellants herein, Mrs.Saraswathi/1st respondent and Late Mrs.Rukmani, who is the mother of the 2nd and 3rd respondents. The said parents left behind the properties. Since there is dispute with regard to partition of the properties, the respondents herein filed a Suit for partition and the said Suit was decreed, against which the present Appeal is filed.

3.When the matter is called today, all the parties are present before this Court and submitted that the matter has been settled between them and filed a Memorandum of Compromise duly signed by the parties and respective counsel. 4.A perusal of the Memorandum of Compromise would reveal that the matter has been amicably settled among the parties. In view of the Memorandum of Compromise dated 07.08.2019, the decree and judgment passed in O.S.No.102 of 2007 dated 22.03.2012 on the file of the Additional District Court, Namakkal, is set aside.

5.The Appeal is disposed of in terms of the Memorandum of Compromise dated 07.08.2019 entered between the parties. The said Memorandum of Compromise dated 07.08.2019 shall form part of the decree. No costs. M.P.No.01/2020 is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To The District Judge, Additional District Court, Namakkal.

Copy to The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.C.Jagadish, Advocate Sr.68347 +1cc to Ms.Zeenath Begum, Advocate Sr.68028 +1cc to Mr.R.Anbukarasu, Advocate Sr.68348 A.S.No.872 of 2012 sr[co] srg 17/12/2020