V.M.Chinnappan v. V.S.Anuradha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.08.2017

CORAM

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN AS.No.563 of 2003 and CMP.Nos.8497 of 2003 and 353 of 2013 1.V.M.Chinnappan 2.V.C.Sivakumar 3.V.C.Thiyagarajan @ Raja (Appellants 2 and 3 are represented by Power of Attorney V.M.Chinnappa) (C.T.Accepted as per order of Court dated 25.04.2003made in CMP.No.5587 of 2003.) ..Appellants/Defendants 3 to 5 vs.

1. V.S.Anuradha

2. Pranab

3. Kirupa (RR2 & R3 declared as major and R1 discharged from guardian vide order of this Court dated 21.06.2006 made in CMP.No.4877 of 2006)

4. V.S.Manickasundaram

5. Ponnathal

6. Minor.S.Arun

7. Minor.S.Gugan Minors 6 & 7 rep.by their mother & guardian S.Poongothai

8. S.Poongothai

9. V.M.Muthukumar 10.Minor.Divya 11.The Pubjab National Bank, Cutchery Street, Erode-1.

12.The Erode Co-operative Bank Ltd, Erode.

13.Dr.B.Suguna (R13 Impleaded as party respondent by the order of this Court dated 18.01.2017 made in CMP.No.18997 of 2016 in A.S.No.563 of 2003.

14.Shanmugavadivu Represented by Power Agent, Mr.Giri Muthusamy.

(R14 Impleaded as party respondent by the order of this Court dated 16.08.2017 made in CMP.No.13586 of 2017 in A.S.No.563 of 2003.

... Respondents/Plaintiffs & Defendants 1,2, 6 to 12, nil & nil Appeal suit is filed under Section 96 of Code of Civil Procedure against the judgement and Decree dated 30.04.2001 made in O.S.No.20 of 1997 on the file of 1st Additional SubOrdinate Court, Erode. For Appellants : Mr.T.Sundarrajan For Respondents : M/s.P.T.Ramadevi for R1 to R3 Mr.V.Parthiban for R6 to R10 Mr.P.Muthusamy for R13 Mr.R.Murugan for R14

J U D G M E N T

The appeal arises out of the suit for partition. All the parties as well as their counsel have filed memo of compromise signed by them agreeing for final division of properties by metes and bounds.

2. In view of the same the compromise memo is recorded and there will be a final decree in terms of compromise in OS.No.20 of 1997. The memo of compromise form part of the decree.

3. The respondents 11 and 12 are Banks and they have been given up by the appellants. Therefore, suit against the respondents 11 and 12 will stand dismissed. Consequently, the connected Miscellaneous Petitions are closed. dsa/mfa Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The I Additional Sub-Ordinate Court, Erode.

2.The Section Officer, VR Section, High Court, Madras +1cc to M/s.V.S.Senthil Kumar, Advocate SR.No.62987/17 +1cc to Mr.K.G.Vasudevan, Advocate Sr.No.62964/17 +1cc to Mr.T.Sundarrajan, Advocate SR.No.62945/17 +1cc to M/s.Sarvabhauman Asso. Advocate Sr.No.62891/17 +1cc to M/s.M.Srividhya, Advocate SR.No.63067/17 AD(CO) sm:11.6.2018 AS.No.563 of 2003 and CMP.Nos.8497 of 2003 and 353 of 2013