T.Kokila v. A.Jayanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR A.S.Nos.172 & 490 of 2020 & CMP No.2617 of 2020 in AS No.172 of 2020 and AS No.31 of 2024 & CMP No.578 of 2024 in AS No.31 of 2024 T. Kokila ... Appellant in AS No.172 of 2020 S.Umayal ... Appellant in AS No.490 of 2020 A.Jayanthi ... Appellant in AS No.31 of 2024 Vs.

1. A.Jayanthi

2. S.Umayal

3. S. Rajalakshmi

4. The Manager, HDFC Bank, No.1, Venkataraman Road, Round Road, Mahalingapuram, Pollachi 642 002.

5. The Manager, IDBI Bank Kamaraj Road, Mahalingapuram, Pollachi.

... Respondents in AS 172 of 2020

1. A.Jayanthi 1/6

2. T.Kokila

3. S. Rajalakshmi

4. The Manager, HDFC Bank, Venkataraman Road, Round Road, Mahalingapuram, Pollachi 642 002.

5. The Manager, IDBI Bank Kamaraj Road, Mahalingapuram, Pollachi.

... Respondents in AS 490 of 2020

1. T.Kokila

2. S.Umayal

3. S. Rajalakshmi

4. The Manager, HDFC Bank, No.1, Venkataraman Road, Round Road, Mahalingapuram, Pollachi 642 002.

5. The Manager, IDBI Bank Kamaraj Road, Mahalingapuram, Pollachi 642 002.

... Respondents in AS 31 of 2024 Prayer in AS No.172/2020: This appeal is filed under Section 96 read 2/6

with order XLI Rule 1 of the Code of Civil Procedure, to set aside the judgment and decree dated 30.08.2019 passed in OS. No.336 of 2013, on the file of I Additional District Court, Coimbatore. Prayer in AS No.490 of 2020: This appeal is filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 30.08.2019 made in OS No.336 of 2013 on the file of I Additional District Judge, Coimbatore.

Prayer in AS No.31 of 2024: This appeal is filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 30.08.2019 made in OS No.336 of 2013 on the file of I Additional District Judge, Coimbatore.

For Appellant : Mr.K.Venkatasubban (in AS No.172 of 2020) for M/s. Sarvabhauman Associates (in AS No.490 of 2020) : Mr.K.Selvaraj (in AS No.31 of 2024) : Mr. T.M.Naveen For Respondents : Mr.T.M.Naveen, for R1 (in AS No.172 of 2020) Mr. K.Selvaraj, for R2 Mr. Swatish Kumar, R3 (in AS No.490 of 2020) : Mr.T.M.Naveen, for R1 Mr.K.Venkatasubban for M/s. Sarvabhauman Associates For R2 Mr. Swatish Kumar, R3 3/6

(in AS No.31 of 2024) : Mr.K.Venkatasubban for M/s. Sarvabhauman Associates For R1 Mr. K.Selvaraj, for R2 Mr. Swatish Kumar, R3 ******** C O M M O N J U D G M E N T The appeals are against the suit for partition. The parties have filed a compromise memorandum, in and by which, they have agreed to divide the properties among themselves. The mode of division has also been explained and the plans have been filed to show the properties allotted to each one of the sharers. The fixed deposits available with the two banks, who figured as respondents 4 and 5 in the Appeals, have also been agreed to be divided between the parties. The Memorandum of Compromise has been signed by the parties as well as their respective counsel. The parties who are virtually present affirm the compromise.

2. In view of the compromise reached between the parties, the appeals are disposed of in terms of the compromise, there will be a final 4/6

decree in OS No.336 of 2013 in terms of the Memorandum of Compromise that has been filed before us. The Memorandum of Compromise shall form part of the decree. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. (R.SUBRAMANIAN, J .) (MUMMINENI SUDHEER KUMAR, J.) 07.11.2024 jv Index : No Internet : Yes Speaking order To

1. The I Additional District Judge, Coimbatore.

2. The Section Officer, V.R. Section, Madras High Court, Chennai 104.

5/6

R.SUBRAMANIAN, J.

and MUMMINENI SUDHEER KUMAR, J.

jv A.S.Nos.172 & 490 of 2020 and AS No.31 of 2024 07.11.2024 6/6