Ms. Akshya v. Mr. Sundaram

IN THE HIGH COURT OF JUDICATE AT MADRAS

DATE : 28.06.2018 CORUM THE HON'BLE MR.JUSTICE R.SUBBIAH and THE HON'BLE MR.JUSTICE C.SARAVANAN A.S.No.310 of 2015 and M.P.No.1 of 2015

1. Akshya

2. Minor Avanthika rep. By father and natural guardian Ramakrishnan

3. Premalatha ...Appellants/Plaintiffs 1 & 2/8th Defendant Vs.

1. M.Sundaram S/o Varadarajulu Naidu

2. Kasthuri, S/o V.Sundaram

3. Hemalatha, R.Jayaprakash

4. S.Renuka Devi W/o Seran

5. S.K.Padmanabhan S/o V.Sundaram

6. S. Prabakaran S/o V.Sundaram

7. M.R.Anandi W/o S.K.Padmanabhan

...Respondents/Defendants 1 to 7

(Cause Title accepted vide order dated 20.05.2015 made in M.P.1/2015) Appeal filed under Section 96 r/w Order XLI Rule 1 of the Code of Civil Procedure against the judgment and decree passed by the Ist Additional District Judge, Thiruvallur in O.S.No.17 of 2011 dated 13.02.2015 dismissing the suit.

For Appellants : Mr.R.Rajamani For Respondents: Mr.K.Ramu for R1, R2, R5 to R7 Mr.T.Dharmarajan for R3 & R4.

J U D G M E N T

(Judgment of the Court was delivered by R.SUBBIAH,J.) This Appeal has been filed by the appellants, who are the plaintiffs 1 and 2 and 8th defendant respectively in the suit in O.S.No.17/2011 on the file of the I Additional District Judge, Tiruvallur. The respondents are the defendants in the said suit.

2. The said suit was filed by the respondents/plaintiffs for the following reliefs:

To pass a a) preliminary decree of partition granting the plaintiffs 1/9th share in the suit properties; b) final decree partitioning the suit properties by metes and bounds and grant the plaintiffs separate possession of their 1/9th share in each and every suit properties.

c) decree directing the defendants to pay the plaintiffs 1/9th share in the past and future mense profits.

d) cost of the suit.

3. After contest, the said suit was dismissed. Aggrieved over the same, the appellants have preferred the present appeal. In this Appeal, the parties have filed a memo of compromise dated 21.06.2018 before this Court. The parties have also appeared in person. We enquired them and they admitted that they have arrived at a settlement among themselves. The parties have also signed in the said memo of compromise along with their respective counsels. The said joint memo of compromise reads as follows:

"1. The appellants state that the suit in O.S.No.17 of 2011 filed by the appellants 1 and 2 on the file of 1st Additional District Judge, Thiruvallur is not maintainable as the appellants 1 and 2 do not have any independent rights in the suit properties and as such their suit claim made

in OS.No.17 of 2011 on the file of 1st Additional District Judge, Thiruvallur may be dismissed as not maintainable.

2. The appellants give up all their claims against the respondents and confirms that the appellants do not have any right, share, title and or interest and any right whatsoever over the suit properties, including other properties not forming subject matter of the suit standing individually in the name of the respondents and that the properties held by the parties to the suit in their own name absolutely belongs to each of them and that all the parties shall not have any right to claim any right over any of the properties held by each and every one of the parties to the suit and the properties held by each of the parties are their absolute properties, acquired by the parties in whatsoever manner and the parties shall enjoy absolutely all the properties standing in their name including the suit properties as absolute owners of the same to the exclusion of each other, with full power of alienation.

3. The appellants confirm all alienations of properties made to any body including the parties to the suit, made by the first respondent as the appellants do not have any right over the same.

4. In view of the appellants giving up all claims and rights in the suit properties and other properties belonging to the respondents, since the third appellant is daughter and appellants 1 and 2 are maternal grand daughters, the first respondent as absolutely owner, purely out of love and affection has agreed to give to the third appellant, property of an extent of Ac. 0.80 cents of punja lands in Pukkathurai Village, Madurantakam Taluk, detailed as Item No.1 of the schedule hereunder and as Item No.33 of the suit schedule described property, and property of an extent of Ac.0.62 cents out of Ac.0.67 cents in Sirucheri Village, Kancheepuram District as detailed in Schedule as Item 2 hereunder, detailed as Item No.10 of the suit schedule described property, by way of settlement which shall be in addition to the property already given to the third appellant viz., land of an extent of 17 1⁄4 cents out of total extent of Ac.0.52 cents in S.No.108/3B in Semmencherry Village, Kancheepuram District viz., portion of Item No.2 of the Suit

schedule described property already settled in favour of the third appellant by the first respondent by registered settlement deed in Document No.3828 of 2008 in the office of Sub Registrar, Neelangarai.

5. In addition to the schedule hereunder described properties viz., Item Nos.1 and 2, the respondents 1, 5 and 6 in the appeal have agreed to give a total sum of Rs.15,00,000/- to the third appellant by means of cheques and the appellants agreed to the same.

6. The appellants are free to hold and enjoy the property now agreed to be given by the first respondent and detailed in the Schedule hereunder to be given by way of settlement, they shall enjoy the same absolutely with full power of alienation.

7. None of the parties to the suit/appeal shall have any further claim as against each other in any manner whatsoever and all the parties shall peacefully without any further hindrance and or any claim or rights of any of the parties to the suit/appeal, shall enjoy all the properties standing in their respective names absolutely with full power of alienation, to the total exclusion of each other.

SCHEDULE Item No.1 All that piece and parcel of Agricultural Land, admeasuring an extent of Ac.80 cents situated in S.No.140/1A in Patta No.479 at Pukkathurai Village, Madurantakam Taluk, Kancheepuram District, Item No.2.

All that piece and parcel of land of an extent of Ac.0.62 cents out of total extent of Ac.0.67 cents on the eastern side of the land of an extent of Ac.0.05 cents on the south western side retained by the first respondent with the M/s. INDUS Ltd., leased by the first respondent, and the land to be gifted in situated at S.No.130/21B for the said extent of Ac.0.62 cents as per Patta No.843 at Sirucheri Village, Kancheepuram District.

The appellants and the respondents pray that this Hon'ble Court may be pleased to record the above detailed compromise entered into between the parties and dismiss the appeal in AS.No.310 of 2015 without cost pending on the file of this Hon'ble court subject to the execution of registered settlement deed voluntarily agreed to be executed by the first respondent in favour of the appellants without costs and thus render justice."

4. In view of the settlement arrived at between the parties, this Appeal is dismissed. The memo of compromise shall form part of the record as well as the decree. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar vsi To The Ist Additional District Judge, Thiruvallur.

Copy to The Section officer VR Section, High Court, Madras 104.

+4 Ccs to Mr.K. Ramu, Advocate sr 41627.

+1 CC to Mr.A. Siranjudeen, advocate sr 41292. A.S.No.310 of 2015 RSY(CO) SP(15/10/2018)