Maheswari v. Muthulakshmi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice R.SUBRAMANIAN CRP(MD). No.2119 of 2009 MAHESWARI ... Petitioner Vs 1 MUTHULAKSHMI 2 PAVUN LAKSHMI 3 MEENAKSHI 4 STATE BANK OF INDIA THROUGH ITS BRANCH MANAGER KARIAPATTI BRANCH. 5 VIRUDHUNAGAR DISTRICT CENTRAL CO-OP.BANK LTD. N.R.K.10 KARIAPATTI BRANCH THROUGH ITS BRANCH MANAGER.
6 INDIAN LIFE INSURANCE CORPORATION ARUPPUKKOTTAI BRANCH THROUGH ITS BRANCH MANAGER.
... Respondents RR1TO3 ARE DECLARED AS MAJOR VIDE order dt 11/4/19 IN CMP.3856/19 IN CRP.2119/2009 Prayer :- This Civil Revision Petition is filed under Article 227 of the Constitution of India r/w Section 388 of Indian Succession Act, to call for the fair and decreetal order in SOPCMA 1 of 2006 dated 30.09.2009 on the file of the Principal District Judge, Virudhunagar at Srivilliputhur reversing the fair and decreetal order in SOP No.1 of 2004 on the file of the Subordinate Judge, Aruppukottai dated 10.10.2005.
Decree : This Civil Revision Petition is coming upon for orders and upon hearing the arguments of Mr.S.Natarajan Advocate appearing for the petitioner and of Mr.V.Perumal Advocate for the Respondents 1 to 3 and of Mr.D.Shanmugaraja Sethupathi Advocate for the fifth respondent and of Mr.C.Godwin Advocate for the sixth respondent, and the parties herein having settled their differences and entered into a joint compromise dated 19.12.2019 between themselves and through their respective counsels and having filed the memo of compromise duly signed by the parties as well as by their Advocates, upon perusing the grounds, the judgment and decree of the Court below and the material papers to the case and the joint memo of compromise, and this Court while recording the said joint memo of compromise, and while disposing of the Civil Revision Petition in terms of Joint memo of compromise, doth order and decree as follows:-
(1) that the 1st party/revision petitioner herein be and hereby is entitled to get 50% of the subject matter in this revision petition and the 2nd party/respondents 1 to 3 herein are entitled to get 50%;
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(2) that the Banks and LIC/respondents 4,5 and 6 herein be and hereby are directed to disburse the accrued amount with interest i.e., 50% each to 1st and 2nd party and
(3) that there be no costs in this Civil Revision Petition. SCHEDULE IN CRP
1. Special Term deposit in State Bank of India, Kariapatti Branch (2nd respondent) for Rs.1,88,300/- dated 18/12/2000 with receipt No.SDA/50688639.
2. A Fixed Deposit Receipt with Virudhunagar District Central Cooperative Bank Ltd., No.RK 10, Kariapatti Branch (3rd respondent) for Rs.2 lakhs dated 19.03.1999 with receipt No.962662/19.
3. A policy for Rs.50,000/- with the Branch Manager, Life Insurance Corporation of India, Aruppukkottai with policy No.47073449 dated 10.01.1982 (4th respondent).
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TO
1. The Principal District Judge, Virudhunagar at Srivilliputhur.
2. The Subordinate Judge, Aruppukottai.
Copy to:
The Record Keeper, (2 Copies) V.R. Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.PERUMAL, Advocate ( SR-105926[F] dated 19/12/2019 ) +1 CC to M/s.C.GODWIN, Advocate ( SR-106051[F] dated 19/12/2019 ) +1 CC to M/s.S.NATARAJAN, Advocate ( SR-106079[F] dated 19/12/2019 ) +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-106099) ORDER DATED : 19/12/2019 ========================== DECREE ========================== CRP(MD). No.2119 of 2009 Disposing of the CRP(MD). No.2119 of 2009 preferred against decreetal order in SOPCMA 1 of 2006 dated 30.09.2009 on the file of the Principal District Judge, Virudhunagar at Srivilliputhur reversing the fair and decreetal order in SOP No.1 of 2004 on the file of the Subordinate Judge, Aruppukottai dated 10.10.2005 etc., as stated within.
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