Madras High CourtTOS/21/2002decree in terms of memo of comprom

Chandra Kasinathan (Deceased) v. Thulasi Shanmugham (Deceased)

2022-10-27Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2022

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN T.O.S.No.21 of 2002 Chandra Kasinathan (Deceased) *Arutchelvi Kasinathan (*2nd Plaintiff brought on record as LR of deceased sole plaintiff and amended as per order dated 15.03.2022 in Application No.964 of 2022 in T.O.S.No.21 of 2002) ...Plaintiffs Vs.

1.Thulasi Shanmugham (since died) 2.K.Sargunan 3.**Bhavani Rajendran (**Defendant No-3, impleaded as per the order of the Court made in Application No.334 of 2021 dated 03.03.2021) ...Defendants PRAYER: This is a petition filed under Sections 222 and 276 of the Indian Succession Act, XXXIX of 1925 for the grant of Letters of Probate. 1/1

For Plaintiffs : Mr.M.K.Kabir, (Senior Counsel) for Mr.S.Senthilnathan For D2 : Mr.A.Palaniappan For D3 : Mr.M.Devendran

ORDER

When the matter is taken up today, the learned counsel appearing for the parties submitted that the parties have reached an amicable settlement and requested this Court to pass over the matter at 2.15 p.m. for recording the settlement in the presence of the parties.

2.When the matter is taken up at 2.15 p.m., the parties namely second plaintiff/Arutchelvi Kasinathan, second defendant/K.Sargunan and third defendant/Bhavani Rajendran are all present and they submitted that they settled the dispute between them and entered into a memorandum of compromise. They accepted the terms and allotment of share detailed in the memorandum of compromise filed under Order XXIII Rule 3 of C.P.C. As per the memorandum of compromise, the second plaintiff/Arutchelvi Kasinathan is allotted schedule 'E', 'F' & 'G' properties. Second defendant K.Sargunan's children are beneficiaries under the Will and they are allotted 'C', 'D2' & 'H2' 1/2

schedule properties. Third defendant/Bhavani Rajendran is allotted 'A', 'B', 'D1', 'H1' & 'H3' schedule properties.

3.The memorandum of compromise is recorded and decree is passed in terms of the memorandum of compromise. The memorandum of compromise is ordered to be form part of the decree. No costs. 27.10.2022 ep 1/3

G.CHANDRASEKHARAN.J., ep T.O.S.No.21 o f 2002 1/4

27.10.2022 1/5