Mohamed Abubacker Ansar(Died) v. Zakhra (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI and M.P.No. 1 of 2012 Mohamed Abubacker Ansar (died) 2 Mohammed Usain Abdula Usman 3 Ghulam Thasthagear Mohamed Abdul Wahab 4 Mohamed Omer Kader Khaleelullah 5 Ghouseunnissa Khathija Raffunnissa (died) 7 Shamshu Rahmath Begam (died) 9 Mehboom Appellants 2 to 4 and 6 to 9 rep.

by their Power of Attorney Agent 5th Appellant 10 Sohel Mustafa 11 Habeeb Khusroo 12 Dawood Faisal 13 Akheel Ahmed 1/6

(A10 to A13 brought on record as LRs of the deceased A1 vide court order dated 18/04/2023 made in C.M.P.Nos. 3334, 3338 and 3340 of 2023) 14 Mohammed Haroon (14th appellant brought on record as LRs of the deceased 6th Appellant vide court order dated 06.06.2023 made in C.M.P.Nos. 10724, 10726 and 10727 of 2022) 15 Humaira Saleem 16 Abdul Wahab 17 Tahera Banu 18 Ali Mohamed 19 Hussaina Banu 20 Mohamed Abubakar Asim (Appellants 15 to 20 brought on record as LRs of the deceased 8th Appellant Vide Order of Court dated 06.06.2023 made in C.M.P.

No.10824, 10821 & 10819 of 2023) .. Appellants

Versus

Zakhra (died) 2 Halima Mehboob 3 Ayisha Mehboob 4 Habibaunnissa @ Rashidha 5 Gulab Jilani 6 Ghouse Mohideen 2/6

Kutbudeen (died) Abu Ahmed (died) (8th Defendant iImpleaded as the legal representative 7th defendant on 4/9/1996) 9 Akhtari Begum 10 Muxaffar 11 Azhar 12 Judaid 13 Afsgan 14 Azra (9th to 14th respondents are LRs of the Deceased 6th Respondent as per order dated 6/12/2007) 15 Mohamed Farooq 16 Mohamed Abdul Rasheed 17 Mohamed Ali 18 Ayesha Bee 19 Syeda Ayesha 20 Ameena 21 Abida 22 Adill U 23 Aaliya S.

(15th to 23rd respondents are legal heirs of 1st Respondent vide order of court dated 06.06.2023 made in C.M.P.

Nos. 10777, 10779, 10782 of 2022) 3/6

24 Abrar Mohammed 25 Ayesha Faheem (R24 and R25 brought on record as LRs of the deceased R8 vide Order of court dated 06.06.2023 made in C.M.P.No.

10788 of 2022) ... Respondents Prayer :- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree in A.S.No. 435 of 2003 on the file of VI Addl. City Civil Court, Chennai dated 30.07.2008 confirming the judgment and decree passed in O.S.No.8635 of 1995 on the file of the learned XI Asst. Judge, City Civil Court, Chennai dated 07.03.2001.

For Appellants : Mr.Mohammed Ghouse For Respondents : R1, R5 & R8 - died R7 & R9 - died No appearance for R2, R3, R4, R6, R10 to R14 Mr. T.Sathish for R15 to R23 JUDGEMENT Today, when the matter taken up for hearing, both learned counsel for appellants and respondents 15 to 23 appeared. Already this matter was 4/6

referred to mediation and the report from the Mediation Centre is received. Before the Mediation and Conciliation Centre of this court, settlement was arrived amicably between the parties and a settlement agreement was executed by both parties. The copy of settlement agreement enclosed in the typed set of papers was perused.

2. As per the terms of settlement agreement, both parties have settled the issue and the parties have divided the property. To that effect, 'A' and 'B' schedule was also mentioned in the said agreement. Accordingly, this Second Appeal is disposed of as per terms and conditions of Settlement Agreement. The said Settlement Agreement dated 13.09.2023 shall form part and parcel of the decree. No costs. Consequently, connected Miscellaneous Petition is closed.

20.10.2023 Index : Yes/No Speaking Order : Yes/No rpp To

1. VI Addl. Judge, City Civil Court, Chennai.

2. XI Asst. Judge, City Civil Court, Chennai.

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T.V.THAMILSELVI, J.

rpp 20.10.2023 6/6