R.Madhavan v. G.Shyamala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and C.M.P.Nos.18216/2022 & 9037/2023 1.R.Madhavan 2.R.Ethirajulu .. Appellants Vs.

1.G.Shyamala 2.G.Kavitha 3.G.Karthick .. Respondents PRAYER: Appeal Suit is filed under Section 96 of Civil Procedure Code, to allow the above first appeal and set aside the judgment and decree dated 03.01.2022 passed in O.S.No.6359 of 2017 by the IV Additional Judge, City Civil Court, Chennai and dismiss the suit with cost. For Appellants : Mr.H.Adaikala Arockiaraj For Respondents : Mr.P.Gunaraj

JUDGMENT

1/4

This Appeal Suit has been filed by the defendants for dissolution of the partnership firm and division of the 'A' schedule property. The suit was partly decreed and the appeal is filed against the preliminary decree and is pending.

2.

When the appeal suit was taken up for final hearing, the parties, through their respective counsel, represented that they have entered into a compromise. A Joint Memo of Compromise signed by the parties concerned has been filed. Today, the case was listed for the appearance of the parties for filing the Compromise Memo. R.Madhavan, R.Ethirajulu, G.Shyamala, G.Kavitha, and G.Karthick, who are the parties to the appeal, appeared in person for recording the compromise. They were identified by their respective counsel. A Joint Memo of Compromise has been filed to the effect that the parties agreed for a compromise decree in terms of the said memo. The terms of settlement are as below:

"a. The parties herein agree to sell the Schedule A mentioned property and the sale 2/4

proceeds shall be shared into three equal shares, i.e., 2 shares to the appellants and one share to the respondents.

b. The parties herein shall strictly take steps to see a prospective buyer and to sell the Schedule A mentioned property within a period of six months from today."

3.

In view of the terms of the settlement, this Appeal Suit is disposed of. The terms of the Joint Memo of Compromise dated 02.07.2025, entered into between the parties, shall form part of the decree. Consequently, the connected Civil Miscellaneous Petitions are closed. As the decree is based on a compromise, there shall be no order as to costs.

02.07.2025 Index: Yes/No Speaking/Non Speaking order rpl DR.G.JAYACHANDRAN,J.

rpl 3/4

To 1.The IV Additional Judge, City Civil Court, Chennai. 2.The Section Officer, V.R.Section, High Court of Madras, Chennai. 02.07.2025 4/4