M.Murugan v. Paul Thangammal (Died)
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 25th day of September, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM(Retd.) and Members Mr.M.Mohamed Ismail Mrs.S.S.Jothivani A.S.No.534 of 2012 and M.P.Nos.1 and 1 of 2012 (This Appeal Suit filed against the decree and judgment dated 24.01.2012 passed in O.S.No.11 of 2007, by the Principal Duistrict Judge, Thiruvallur) Mr.M.Murugan ... Appellant Vs.
1.Mrs.Paul Thangammal (Died) 2.Mrs.I.Sivaloganayaki 3.Mr.R.Radhakrishnan ... Respondents This case came up for settlement before the Lok Adalat. A.Swaminathan, learned counsel for the appellant and Mr.M.Mohideen Pitchai, learned counsel for the second respondent are present.
TERMS OF SETTLEMENT Counsel for the appellant and second respondent are present. The appellant, respondents 2 and 3 and petitioner, viz., M.Suresh in G.W.O.P.No.78 of 2006, on the file of the Principal District Court, Chengalpet have already filed a Joint Memo of Compromise and duly signed by them.
2. The award is passed on the basis of the terms of the Joint Memo of Compromise filed by the appellant, second and third respondent. The first respondent is already dead, during the pendency of the suit.
3. It is further agreed by both parties with reference to the children of Suresh as follows:- Suresh, who is the brother of the appellant herein, is the petitioner in G.W.O.P.No.78 of 2006 on the file of the Principal District Court, Chengalpet The said Suresh, who is the father, shall have visitation rights in respect of minor Nivedha, said to have been aged 17 years and minor Jodheeswaran, said to have been aged 16 years on the second and fourth sunday of every month between 10 a.m. to 5 p.m. The said Suresh is permitted to take the children at 10.00 a.m. and then bring them at 5 p.m. on second and fourth sunday of every month. This arrangement shall continue till minor Nivedha attain to majority so far nivedha is concerned. In so far as the Jodheeswaran is concerned, this right shall continue till he attains majority.
4. Both Mrs.I.Sivaloganayaki and Mr.M.Suresh are present and they have signed the award. The award is passed accordingly so far as they are concerned. G.W.O.P.No.78 of 2006 on the file of the Principal District Court, Chengalpet also has been settled as per the Joint Memo of Compromise. Consequently connected Miscellaneous Petitions are closed.
5. Office is directed to accept the signatures of the appellant, second and third respondent in the Joint Memo of Compromise.
Sd/- Counsel for the Appellant Sd/- Sd/- Mrs.I.Sivaloganayaki Counsel for the 2nd Respondent Sd/- M.Suresh
...Petitioner in G.W.O.P.No.78 of 2006
Sd/- Judge Sd/- Sd/- Member Member The full Court fee shall be refunded to the appellant, viz., M.Murugan, in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the
Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994 and there shall be no demand for additional Court fee.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar adl To:The parties/Advocate concerned Copy to:
1.The Principal Duistrict Judge, Thiruvallur.
2.The Principal District Court, Chengalpet 3.The Secretary, High Court Legal Services Committee, Chennai.
4.The Section Officer, V.R.Section, High Court, Madras.
5.The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies A.S.No.534 of 2012 KSJ(CO) CA(27/10/2015)