S.Geetha v. S.Nalini
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.S.Geetha 2.S.Ram Mohan Prabu 3.S.Naveen Gandhi .. Appellants Vs.
S.Nalini .. Respondent Appeal Suit filed under Section 96 r/w Order XLI of C.P.C. Against the judgment and decree dated 29.04.2019 passed in O.S.No.47 of 2015 on the file of IV Additional District and Sessions Judge, Coimbatore.
For Appellants :
Mr.A.Sivaji For Respondent :
Mr.N.Ishtiaq Ahmed
JUDGMENT
(Judgment of the Court was delivered by M.Sundar, J.) Captioned main appeal i.e., 'A.S. No.94 of 2020' (hereinafter 'AS' for the sake of brevity) is a regular first appeal filed under Section 96 of 'The Code of Civil Procedure, 1908 (5 of 1908)' [hereinafter 'CPC' for the sake of convenience and clarity]. 1/15
2. Captioned AS arises out of a partition suit (dated 17.02.2015) filed by Ms.S.Nalini, wife of Soundaram and the suit is O.S.No.47 of 2015 on the file of 'IV Additional District and Sessions Judge's Court, Coimbatore' (hereinafter 'said Trial Court' for the sake of brevity).
3. After full contest, aforementioned said Trial Court passed a preliminary decree on 29.04.2019 and the three defendants in the suit (wife and sons of late Sivakumar) have carried the matter in appeal to this Court vide captioned AS, which, as alluded to supra is a regular first appeal under Section 96 CPC.
4. Today, the three appellants viz., Ms.S.Geetha, W/o. Late Sivakumar, Mr.S.Ram Mohan Prabu and Mr.S.Naveen Gandhi,, sons of Late Sivkumar (defendants 1 to 3 in said Trial Court) along with their counsel on record Mr.A.Sivaji and Ms.S.Nalini, W/o.Soundaram (plaintiff in said Trial Court) along with her counsel on record Mr.N.Ishtiaq Ahmed are before this Court. Parties/litigants submitted that identity of each other is not disputed. They produced their Aadhar cards and scanned reproduction of the same are as follows:
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5. Aforementioned counsel on either side i.e., Mr.A.Sivaji for the three appellants and Mr.N.Ishtiaq Ahmed for the lone respondent submit that the parties have settled the matter amongst themselves and they reduced to writing the terms of settlement to 'Joint Memorandum of Compromise dated 19.03.2024' [signed by all the parties on 19.03.2024] {hereinafter 'said JMoU' denoting 'Joint Memorandum of Compromise' for the sake of convenience}. To be noted, both aforementioned learned counsel viz., Mr.A.Sivaji and Mr.N.Ishtiaq Ahmed adverting to Order XXIII of CPC request that the JMoU may please be recorded and compromise/consent decree in terms of said JMoU may please be made.
6. We had the benefit of interacting with the three appellants (defendants 1 to 3 in said Trial Court) and the lone respondent (sole plaintiff in said Trial Court). All the four parties/litigants confirm that they do not dispute the identity of the other three, they have signed said JMoU after understanding the contents on their own volition/free will and that they agree to partition the suit property amongst themselves as per said JMoU more particularly as per the sketch annexed thereto {signed by Deputy Inspector of Survey (Retired) Thiru.K.Vellingiri} as also all the four litigants. A scanned reproduction of the said JMoU along with sketch is as follows:
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7. In the light of the narrative thus far, captioned AS which is a regular first appeal under Section 96 of CPC is decreed vide consent/compromise decree in terms of said JMoU dated 19.03.2024 (scanned and reproduced supra) which shall now form part of the decree. There shall be no order as to costs. (M.S.J.) (K.G.T.J.) 19.03.2024 Index:Yes/No mmi P.S. I: Upload forthwith P.S.II : All concerned including the IV Additional District and Sessions Judge, Coimbatore to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded. To The IV Additional District and Sessions Judge, Coimbatore.
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M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 19.03.2024 15/15