Gayatri Devi v. Rau Padma Deceased

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL APPEAL SUIT NO.695 OF 2017 AND CMP NO. 22292 OF 2017 1.Gayatri Devi Wife of Late R.V.M.Pradeep Rao 2.R.V.M.Surya Rao Son of Late R.V.M.Pradeep Rao 3.R.V.M.Sumanth Rao Son of Late R.V.M.Pradeep Rao 4.R.V.M.Sudheer Rao ...

Appellants / Son of Late R.V.M.Pradeep Rao Plaintiffs Vs.

Mrs.Rau Padma (Deceased) Wife of Late R.V.M. Surya Rao 1.N.Mahesh S/o. Late M.G.Narayanaswamy 2.M.Nandakumar S/o. Late M.G.Narayanaswamy 3.N.Mahendrakumar S/o. Late M.G.Narayanaswamy 4.N.Sudhakar Page No.1 of 6

S/o. Late M.G.Narayanaswamy 5.Mrs.Suhasa Rao (Died) Daughter of Late R.V.M.Surya Rao ...

Respondents / Defendants 6.Vijay Rao S/o. Late Rao Suhasa 7.Mrs.Supriya Chesetty D/o. Late Rao Suhasa ...

Respondents (RR6 and 7 brought on record as LRs'

of the deceased R5 viz., Suhasa Rao vide Court Order dated April 2, 2025 made in CMP Nos.19787, 19789 and 19786 of 2024 in A.S.No.695 of 2017) PRAYER: First Appeal filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 praying to set aside the Judgment and Decree dated April 3, 2017 passed in O.S.No.12122 of 2010 by the XVIII Additional City Civil Court, Chennai.

For Appellants :

Mr.Yashod Vardhan Senior Counsel for Mr.Sundar Narayan For Respondents 1 to 4 :

Mrs.L.Maithili For Respondents 6 and 7 :

Ms.K.Sunitha Page No.2 of 6

J U D G M E N T

Yesterday viz., July 23, 2025, the appellants and the respondents 1 to 3, 6 and 7, appeared before this Court physically and 4th respondent appeared through Video Conferencing mode. Their respective Counsel on record were also present physically. The parties jointly filed a Memo of Compromise before this Court and this Court read over and explained the contents of the same to them. The parties agreed to the contents and also admitted their respective signature found in the Memo of Compromise. For ease of reference, yesterday's proceedings of this Court are reproduced hereunder:

'The appellants and the Respondent Nos.1 to 3, 6 and 7 are before this Court physically and the 4th respondent, namely, Mr.Sudhakar Narayanasamy appears before this Court through Video Conferencing Mode.

2.Mr.Yashod Vardhan, learned Senior Counsel for Mr.Sundar Narayan, learned Counsel on record for the appellants, Mrs.L.Maithili, learned Counsel on record for the Respondent Nos.1 to 4 and Ms.K.Sunitha, learned Counsel on record for the Respondent Nos.6 and 7 are before this Court. Mrs.Maithili, Counsel on record for 4th respondent identifies the 4th respondent who appears before this Court through Video Conferencing Mode.

3.Both side Counsels filed a Joint Memo of Compromise dated July 23, 2025 before this Court. This Court has read over Page No.3 of 6

the terms of Compromise in open Court. Both the parties, have agreed the terms of Compromise.

4.Perusal of records and orders by 24.07.2025.' 2.When the matter is taken up for hearing today, the third appellant viz., Mr.R.V.M.Sumanth Rao and the fourth appellant viz., Mr.R.V.M.Sudheer Rao are before this Court physically. 16 Demand Drafts morefully described in Paragraph No.6(C) of the Memo of Compromise dated July 23, 2025 are handed over to them on behalf of the respondents 1 to 4 and the same are received by the appellants 3 and 4 in open Court. The details of the Demand Drafts are tabulated hereunder: S.No.

D.D.No.

Dated Amount Drawn on 612366 612367 612368 612369 24.04.2025 Rs.37,50,000.00 Canara Bank Kotturpuram Branch, Chennai 508352 508353 508354 508355 24.04.2025 Rs.37,50,000.00 ICICI Bank Cenotaph Road Branch, Chennai 508348 508349 508350 508351 24.04.2025 Rs.37,50,000.00 ICICI Bank Cenotaph Road Branch, Chennai 508358 508359 508356 508357 25.04.2025 Rs.37,50,000.00 ICICI Bank Cenotaph Road Branch, Chennai Page No.4 of 6

3.Perused the case file and the memo of compromise dated July 23, 2025. The memo of compromise is hereby recorded. The Appeal Suit is disposed of in the terms of the Memo of Compromise. The Memo of Compromise shall form part and parcel of the Decree. In view of the facts and circumstances of this case, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 4.The appellants are entitled to get refund of the Court Fee paid in this Appeal Suit in view of the Judgment of Hon'ble Supreme Court in Registrar General - vs - M.C.Subramaniam, reported in 2021 SCC OnLine SC 109.

24.07.2025 PS: Registry is directed to make two photocopies of the Memo of Compromise dated July 23, 2025 and place them in the case file after duly certifying them.

Index : Yes / No Speaking Order : Yes / No : Yes / No TK To The XVIII Additional City Civil Court Chennai.

Page No.5 of 6

R. SAKTHIVEL, J.

TK APPEAL SUIT NO.695 OF 2017 24.07.2025 Page No.6 of 6