S.Rukmani Ammal v. Nithyakalyani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR O.S.A.No.3 of 2008 and M.P.No.1 of 2010

1. S.Rukumani Ammal

2. K.S.Sekar

3. Kumari Narasingan

4. K.S. Ravikumar 5.S.Chandar 6.S.Prabha ... Appellants/Plaintiff 2to7 -vs1.Nithyakalyani 2.V.Saraswathi 3.V.Gunasekaran 4.V.Chandrasekaran 5.V.Annapoorni 6.V.Mohanakala 7.V.Sundari 8.V.Rajasekaran 9.V.Saravanan 10.Murthi @ Kuppan (R10 impleaded as a party respondent vider order dated 13.6.2016 made in MP.NO.1/2008) (R10 deceased vide order dt.20.7.2016 made in memo in OSA.No.3/2008) 11.M.Kalavathi 12.M.Parthiban 13.M.Devanath 14.M.Revathy 15.M.Manohar ... Respondents/Defendants 2 to 10 (As per the Court order date 8/12/16 made in CMP.No.13342 to 13344 of 2016 in OSA.No.3 of 2008) PRAYER: Original Side Appeal filed under clause 15 of the Letters Patents read with order XXXVI Rule (1) of O.S.Rules to set aside the the judgment and decree of a single Judge of this Court dated 19.9.2006 made in T.O.S.No.15 of 1994.

Payer in T.O.S.15 of 1994: Petition U/O XXV Rule 5 of O.S.Rules and sections 278, 232 of Indian succession Act 1925. For Petitioner :

Mr.A.K.Venkatesan For Respondents :

R1 to R9 and R11 to R15 No appearance R10 - died J U G G E M E N T [Order of the Court was made by RAJIV SHAKDHER,J. ]

1. We are informed by Mr.A.K. Venkatesan, learned counsel for the appellants that a compromise has been arrived in the captioned appeal between the appellants and the respondents.

2. The office has placed before us the Mediator's Report dated 6.11.2017. The report is accompanied by a Memo of compromise entered into between the appellants and respondents. The compromise memo dated 24.10.2107 bears the signatures of appellants and respondents as well as those of their respective counsels. Compromise Memo is marked as Ex.X. The compromise, in our view, is lawful.

3. In these circumstances, the appeal is disposed of, in terms of compromise Memo dated 24.10.2107.

3.1. Consequently, connected Miscellaneous Petition is closed.

3.2. The decree will be drawn up in terms of the compromise[ Ex.'X'.].

Here enter compromise memo.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ggs

To The Sub Assistant Registrar, Original Side, High Court, Madras.

+1cc to Mr.D.Rajasekar, Advocate SR.No.79156 +1cc to Mr.A.K.Venkatesan, Advocate Sr.No.79717 O.S.A.No.3 of 2008 and M.P.No.1 of 2010 NMI(CO) sm:8.1.2018