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Madras High CourtAS(MD)/33/2013disposed of

M.Manikcavasagam v. Ravikumar

2024-08-02Honourable Mrs Justice S.Srimathy11 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CROS.OBJ(MD)No.19 of 2013 A.S.(MD)No.33 of 2013:

M.Manickavasagam ... Appellant /Vs./ 1.Ravikumar 2.Aishwarya 3.Malarkann 4.Manimaran 5.M.Manimegalai 6.M.Malaiyarasa Pandi

...Respondents

(1st respondent is declared as major and the guardianship of his mother Dhanalakshmi is discharged vide Court order dated 31.08.2023 made in C.M.P(MD)No.10930 of 2023 in A.S.(MD)No.33 of 2013) (2nd respondent is declared as major and the guardianship of her mother Dhanalakshmi is discharged vide memo dated 02.08.2024) 1/11

PRAYER: Appeal Suit filed under Section 96 r/w Order 41 Rule 1 & 2 of the Civil Procedure Code, to set aside the judgment and decree dated 18.07.2012 passed in O.S.No.63 of 2010 by the learned 6th Additional District Judge, Madurai.

For Appellant : Mr.G.Prabhu Rajadurai For R1 & R2 : Mr.R.Aravindan For R3 to R6 : Mr.M.Saravanan, for Mr.R.Pon Karthikeyan CROS.OBJ.(MD)No.19 of 2013 1.Malarkann 2.Manimaran 3.M.Manimegalai 4.M.Malaiyarasa Pandi ... Cross Appellants /Vs./ 1.M.Manickavasagam 2.Ravikumar 3.Aishwarya

...Respondents

(1st respondent is declared as major and the guardianship of his mother Dhanalakshmi is discharged vide Court order dated 31.08.2023 made in C.M.P(MD)No.10930 of 2023 in A.S.(MD)No.33 of 2013) (2nd respondent is declared as major and the guardianship of her mother Dhanalakshmi is discharged vide memo dated 02.08.2024) 2/11

PRAYER: Cross Objection filed under Order XLI, Rule 22 r/w Section 96(1) &

(2) of the Civil Procedure Code, to set aside the judgment and decree dated 18.07.2012 passed in O.S.No.63 of 2010 on the file of the learned 6th Additional District Judge, Madurai.

For Appellants : Mr.M.Saravanan, for Mr.R.Pon Karthikeyan For R1 : Mr.G.Prabhu Rajadurai For R2 & R3 : Mr.R.Aravindan COMMON JUDGMENT This Appeal Suit is filed by the 3rd defendant in the suit to set aside the Judgment and Decree dated 18.07.2012 passed in O.S.No.63 of 2010, on the file of 6th Additional District Judge, Madurai.

2. The plaintiffs in the suit are the respondents 1 and 2 herein, the 3rd defendant in the suit is the appellant herein and the defendants 1, 2, 4 and 5 are the respondents 3 to 6 herein. For the sake of convenience, the parties shall be referred as plaintiffs and defendants as per the ranking in the suit.

3. The suit in O.S.No.63 of 2010 was filed by the plaintiffs against the defendants for passing preliminary decree for partition claiming 2/15th shares in 3/11

the suit schedule property. The said suit was allowed granting 2/15th share to the plaintiffs and Rs.2,000/- each towards maintenance for maintaining the minor children. Aggrieved over the same the 3rd defendant had filed the present Appeal Suit.

4. Pending the present Appeal Suit, the parties have arrived at settlement and had filed a joint compromise memo dated 02.08.2024. As per the joint compromise memo, the respondents 1 and 2 are allotted to the shares as per the measurement shown in the sketch. The appellant / Manickavasagam is the son of 3rd respondent / Malarkann and the respondents 4 to 6, namely, Manimaran, Manimegalai and Malaiyarasa Pandi are the sons and daughters of 3rd respondent / Malarkann. The respondents 1 and 2 herein / plaintiffs are the son and daughter of Manickavasagam / appellant herein. In the said allotment, from the share of Manickavasagam, the respondents 1 and 2 are entitled to four cents and the remaining portion will be allotted to the father of Manickavasagam namely Malarkann.

5. For easy reference, the Joint Compromise Memo dated 02.08.2024 is extracted hereunder:- (scanned copy) 4/11

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6. The learned counsel for the respondents 1 and 2 has filed a memo, stating that the 2nd respondent had become major. The said memo is recorded.

7. Since the respondents 1 and 2 received maintenance amount till 31.07.2024, thereafter they have attained the age of majority, the petition in E.P.No.153 of 2019 filed for recovery of maintenance from the appellant is directed to be closed.

8. It is also informed that the parties have already taken possession of their respective shares, in view of the compromise entered between them. The said statement is recorded.

9. This Appeal Suit is decreed in terms of the joint compromise memo dated 02.08.2024 and the Cross Objection is closed. The joint compromise memo shall form part and parcel of this judgment and decree. No Costs. Connected Civil Miscellaneous petitions are closed. 02.08.2024 Index : Yes / No NCC : Yes / No Yuva 9/11

TO:

1.The 6th Additional District Court, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

Yuva Judgment made in Dated:

02.08.2024 11/11