Khadija Bai Fidahussian(Decs) v. Huseini Bhai Salehbhai Mattoo

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2022 CORAM :

THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI O.S.A.No.302 of 2017 and C.M.P. No.18745 of 2017 Khadija Bai Fidahussain (since deceased) Hazer Bai Fida Hussain MadraswalaMattoo (since deceased)

1. Sakina Bai Yusuf Bai,

2. Durriya Mohammed Eranpurwala

3. Samina Shabbir Dak

4. Alafiya Yousuf

5. Munira Shabbit Kera

6. Sakinga Mufazzal Kanchwala

7. Zumana Idris Patanwala (Appellants 5 to 7 brought on record as LRs of the deceased Hazer Bai Fida Hussain Madraswala Mattoo vide court order dated 08.03.2022 made in C.M.P. Nos. 2451, 2454, 2455, 2456, 2459, 2460 &2463 of 2022 in OSA No.302/2017 and cause title amended vide order of court dated 15.03.2022 made in CMP No.3768/2022 in OSA No.302/2017) ...Appellants Vs.

1. Huseini Bhai Salehbhai Mattoo

2. Siraj Bhai Salehbha Matoo

3. Mohamed Bhai Salehbhai Mattoo

4. Mannan Bhai Salehbhai Mattoo

5. Zaintun Y. Wadnagarwala

6. Gulsan Bai SalehbhaiMattoo

7. Nafisa Hashim

8. Zahra MK.

(R7 & R8 brought on record as LRs of the deceased R5 viz., Jaitun Bai SalehbhaiMattoo vide court order dated 08.03.2022 made in C.M.P. Nos. 2451, 2454, 2455, 2456, 2459, 2460 &2463 of 2022 in

OSA No.302/2017 and cause title amended vide order of Court dated 15.03.2022 made in CMP No.3768/2022 in OSA No.302/2017)

...Respondents

Original Side Appeal filed under Clause 15 of Letters Patent and Order 36 Rule 11 of Original Side Rules to set aside the order passed in Application No.2093 of 2017 in C.S.No..909 of 1999, dated 23.08.2017.

For Appellants : Ms. S. Rekha for Mr.R.Parthasarathy For Respondents : Mr. K. Ashok Chakravarthy- R1 to R4 and R6 to R8 R5 - deceased

JUDGMENT

(Judgement of the Court was delivered by M.DURAISWAMY,J.) Learned counsel on either side submitted that the parties had settled the matter out of court and also entered into a joint memorandum of compromise on 20.08.2019. The learned counsel for the respondents also produced a memorandum of compromise dated 20.08.2019 which has been signed by the appellants and the respondents.

2. The learned counsel one either side submitted that the Original Side Appeal may be disposed of in terms of the memorandum of compromise dated 20.08.2019.

3. Accordingly, the Original Side Appeal is disposed of in terms of the memorandum of compromise dated 20.08.2019. The joint memorandum of compromise dated 20.08.2019 shall form part of the decree in O.S.A.No.302 of 2017. No costs. Consequently, the connected Miscellaneous Petition is closed. (* Memo of Compromise Xerox Copies enclosed) s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar Rj

To The Sub Assistant Registrar Original Side Section High Court, Madras 104.

O.S.A.No.302 of 2017 and C.M.P. No.18745 of 2017 PA(CO) SP(06/04/2022)