Ramanujam v. Gowri-Died
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI A.S.No.466 of 2023 &CMP.No.16462 of 2023 1.Ramanujam 2.Ramkumar 3.Ashok Kumar Appellant(s) Vs 1.Gowri (Deceased) 2.Rani 3.Balambikai 4.Shanthi 5.Kanchana 6.Chandra 7.Alamelu Mangai 8.Lakshimi Narayan Respondent(s) [Respondents 6 to 8 bring on record as LR's of Gowri vide order dated 26.02.2026 in CMP.Nos.1487, 1495 & 1499 of 2026 in A.S.No.466 of 2023] Prayer: Appeal Suit filed under Section 96 of CPC, to set aside the decree and judgment dated 20.02.2023 in O.S.No.83 of 2017 passed by the Principal District Judge, Villupuram.
For Appellant(s):
Mrs.V.Saraswathi For Respondent(s):
Mr.R.Karunagaran for RR6 to 8 RR2 to 5 ex-parte
JUDGMENT
The parties have reached a settlement, which has been recorded by way of a Memorandum of Compromise, which has been signed by the appellants, as well as the respondents 6 to 8 and their respective counsel. 2.The respondents 2 to 5 remained ex-parte even before the trial Court. 3.The appeal is at the instance of the 1st defendant. However, pending the appeal, the appellants have settled the matter with the respondents 6 to 8, who are legal representatives of the plaintiff, who have now received a sum of Rs.6,00,000/-, which is confirmed in the compromise memo, in lieu of their share. Thus, the 1st appellant shall become entitled to an additional 1/6th share. In view of this compromise, the share of the 1st appellant shall be 2/6th (1/3rd). The parties to the said compromise memo have no objection for a preliminary decree being passed in favour of the appellants. The said compromise memo is recorded. The preliminary decree is passed, declaring the share of the 1st appellant as 2/6th (1/3rd).
4.The operative portion of the compromise decree in clause F is extracted hereunder:
"The appellants are entitled to 2/6 shares in the schedule property and a preliminary decree may be passed to that effect." 5.In the light of the above, the Appeal Suit is allowed, declaring the 1st appellant's share as 2/6th (1/3rd) in the suit property. The said joint compromise memo shall form part and parcel of this decree. It shall be open to the 1st appellant to file a final decree application. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.
26.02.2026 2/2 ata
P.B. BALAJI.J, ata To The Principal District Judge, Villupuram.
A.S.No.466 of 2023 &CMP.No.16462 of 2023 26.02.2026 2/2