P.Banumathy @Kumdavalli v. A.Duraivelu(Died)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-06-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and CMP No. 18341 of 2016
1. P.Banumathy @ Kumadavalli 2.P.Thiagarajan 3.P.Elayarajakumar 4.P.Elavarasi Petitioners Vs
1. A.Duraivelu(died) 2.A.Anandavadivelu 3.R.Janathalakshmi(died) 4.K.Usharani 5.D.Ganga Bai 6.Mrs.D.Selvi 7.D.Kalpana (Respondent-1 Died. Respndents 5 to 7 brought on record as LRs of he deceased R-1Viz.A.Duraivelu vide
court order dated.01/08/2023 madein CMP No.16483 of 2021 in CRP No.3604 of 2016 by VLNJ.) 8.G.Radhakrishnan 9.R.Dheenadhalayan 10.R.Nirmala 11.R.Harikrishnan 12.R.Bhuvaneswari (Respondents 8 to 12 impleaded vide court order dated 21/08/2023 made in CMP No.18706/2023 in CRP(PD)No.3604 of 2016 by VLNJ.) Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to set aside the impugned order dated 26.10.2016 passed in IA.No.308 of 2015 in OS.No.69 of 2010 on the file of District Court -II at Kancheepuram and dismiss the said IA.
For Petitioner : M/s.Ramalingam And Associates For Respondents : Mr.N.Varadharajan For R2, R4, R5 To R12 R1 & R3- Died ( Steps Taken)
ORDER
By an order dated 21.08.2023, I had referred the parties to mediation. Even at that time, I recorded, out of 36 items of properties, with respect to 35 items there is no dispute, and it is only with respect to the house property that the parties had not been able to arrive at a settlement. Though the matter was mediated between the parties, settlement could not be arrived at.
2. Subsequently, on 24.08.2024, an agreement was entered into between the civil revision petitioners and the legal heirs of the first respondent / A.Duraivelu, the second respondent / A.Anandavadivelu and the fourth respondent / K.Usharani @ Usha. Of the legal representatives of the third respondent / Janathalakshmi, the respondents 8, 9, 10 and 12 have affixed their signatures on to the memorandum of compromise. The matter was adjourned by the Hon'ble Mr. Justice Battu Devanand to enable the recording of compromise. This order was passed on 11.06.2024 and 25.06.2024.
3. On 13.06.2025, when the matter was called, I recorded the fact that the
th respondent is the legal representative of the deceased, third respondent/ R.Janathalakshmi and that since the other legal representatives, namely, respondents 8 to 10 and 12 represent the estate of the late R.Janathalakshmi, it is not necessary for the 11 th respondent to join in the same. This is because, no allegation of fraud or collusion has been made at the instance of the 11 th respondent as regards his other co-heirs. Unless and until fraud or collusion is pleaded, an order passed against one legal representative is binding on the other legal representatives also.
4. Today, all the four petitioners are present. The second and third respondents viz., A.Anandavadivelu and K.Usharani are present in court and D.Gangabai, who is the fifth respondent and R.Bhuvaneshwari, who is the 12 respondent are present through video conferencing.
5. All the parties stand by the settlement agreement arrived at on 24.08.2024. Mr.N.Varadharajan has already confirmed the receipt of the Demand Drafts on behalf of his clients. As all the parties have confirmed that
they are standing by compromise, they are entitled to encash the Demand Drafts that have been handed over by P.Elayarajakumar/third petitioner on 13.06.2025.
6. The suit and the civil revision petition are disposed in terms of the compromise entered into between the parties. The learned Trial Judge is directed to record this order and grant a compromise decree in terms of the settlement agreement. As this Court has already called the parties and enquired them, he need not undertake the exercise of confirming the compromise all over again. The settlement agreement shall form part of the decree. No costs. Consequently, the connected miscellaneous petition is closed. 17-06-2025 nl Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Court -II at Kancheepuram
V.LAKSHMINARAYANAN J.
nl CRP No. 3604 of 2016 and CMP No. 18341 of 2016
06/17/2025