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Madras High CourtSA/1131/2014disposed of

B.E.Venkatasamy v. B.E.Sulochana

2023-09-08Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI S.A No. 1131 of 2014 1.B.E.Venkatasamy 2.L.Jagadhambal 3.P.K.Gajalakshmi 4.M.K.Nalini 5.P.Revathy 6.B.G.Gowri 7.B.G.Dhanasekar 8.B.G.Bhuvaneswari ... Appellants Vs.

1.B.E.Sulochana 2.B.E.Gopi 3.B.E.Loganathan 4.B.E.Mohan 5.B.E.Balu

...Respondents

PRAYER: This Second appeal filed under Section 100 of the Code of Civil Procedure against the Judgement and decree dated 03.07.2014 passed in A.S No. 180 of 2012 on the file of III Additional City Civil Court, Chennai,

reversing the preliminary judgment and decree dated 25.11.2010 passed in O.S No. 3753 of 2009 on the file of VII Assistant City Civil Court, Chennai. For Appellants: Mr.R.Karthikeyan for I.Joseph, K.Magesh For Caveator 1 to 4 :Mr.S.Arivazhagan For R1 to R4 : Mr.T.Rajarathinam For R5 : Mr.G.Ramesh

JUDGMENT

This petition has been filed against the Judgement and decree dated 03.07.2014 passed in A.S No. 180 of 2012 on the file of III Additional City Civil Court, Chennai, reversing the preliminary judgment and decree dated 25.11.2010 passed in O.S No. 3753 of 2009 on the file of VII Assistant City Civil Court, Chennai.

2. Both side counsels along with their parties appeared before this Court and stated that the parties are agreed to share the suit property among themselves by allotting 1/11 share each and to that effect they filed a compromise memo. Further, appellants 6 , 7 and 8 are entitle to 1/11 share in the suit property since because they are legal heirs of the Govindasamy who is the legal heir of the Ethirajulu. Accordingly, the said memo of compromise is recorded which is forming part of the decree.

3. In the result, the Second Appeal is disposed of. There shall be no order as to costs. Consequentially connected miscellaneous petition is closed 08.09.2023 pbl

T.V.THAMILSELVI,J.

Pbl To

1. The III Additional City Civil Court, Chennai.

2. The VII Assistant City Civil Court, Chennai. 3.The Section Officer, V.R Section, SA.No.1131 of 2014 08.09.2023