R.Banu v. G.Sekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2021

CORAM

The Honourable Mrs.Justice Pushpa Sathyanarayana and The Honourable Mr.Justice Krishnan Ramasamy A.S.No.840 of 2018 1.R.Banu 2.G.Sujatha 3.M.Jayanthi 4.D.Sivakumar 5.D.Priyanka (Minor) ...Appellants/Plaintiffs vs G.Sekar

...Respondent/Defendant

Prayer:First Appeal filed under Section 96 r/w Order 41 of the Code of Civil Procedure, against the judgment and decree dated 06.02.2018, made in O.S.No.116 of 2013 on the file of the Principle District Judge, Vellore.

For Appellants : Mr.N.Sankaravadivel For Respondent : Mr.C.Prabhakaran

JUDGMENT

(Delivered by Pushpa Sathyanarayana.J., ) This Appeal Suit has been filed against the judgment and decree dated 06.02.2018, made in O.S.No.116 of 2013 on the file of the Principle District Judge, Vellore.

2.Initially, the suit was filed for partition and the same came to be dismissed, against which, the present appeal suit has been preferred. Pending the appeal, the parties amicably settled the matter among themselves, which is reduced into a joint Memo of Compromise. The appellants 1 to 5 and the respondent appeared before this Court and they were identified by their respective counsel. The terms of the joint Memo of Compromise are as follows:

"A. The appellants 1 to 3 and late one Neela, mother of appellants 4 and 5 are daughters of R.Govindasamy who died on 12.05.2005. Appellants herein filed a suit

for partition and separate possession of 4/5th share in the 7 items of suit properties left by their father Govindasamy. The sole respondent disputed the ancestral nature of suit properties. After contest, the trial court passed a decree granting 4/10th share in suit items 1 to 6 and dismissed appellant's claim regarding suit item 7.

B. Now both the appellants 1 to 5 and the respondent herein have settled their claims and agree to the following the terms of compromise detailed below:

1.Both the appellants 1 to 5 (Plaintiffs 1 to 5) and the sole respondent herein (Sole Defendant) agree that the appellants herein are entitled to 4/5th shares on the items 1 to 6 of the suit property in modification of the decree passed in O.S.No.116 of 2013 on the file of the Principle District Judge, Vellore.

2.Accordingly a preliminary decree may be passed by this Hon'ble Court declaring that the appellants are entitled to 4/5th shares in items 1 to 6 of suit properties as stated above directing the trial court to initiate final decree proceedings on an application to be filed by the appellants herein by appointing an Advocate Commissioner to divide and allot separate shares to parties herein within a period of 3 months from the date of receipt of this decree.

3.The appellants 1 to 5 give up their claim regarding item 7 of suit properties and accordingly this appeal may be dismissed regarding item 7 of suit properties.

4.This Hon'ble Court may state that both parties bear their own costs."

3.Hence, the Appeal Suit is disposed of in terms of the above settlement. The joint Memo of Compromise shall form part and parcel of the judgment. No costs.

* Xerox copy of the Joint Memo of Compromise is enclosed. Sd/- Assistant Registrar(CCC) //True Copy// rst Sub Assistant Registrar

To:

The Principal District Judge, Vellore.

Copy to:

The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No.51114 +1cc to Mr.N.Sankaravadivel, Advocate, S.R.No.51096 A.S.No.840 of 2018 KK(CO) UMA(30/06/2022)