K.Ganapathy Asari(Died) v. K.Santha Kumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN K.Ganapathy Asari (Died) ... Appellant/Appellant/ 1st defendant 2.Saraswathi 3.Jaya Chithra 4.Anitha 5.Sunitha 6.Ambi 7.Vinukumar (Appellants 2 to 7 are brought on record as LRs of the deceased sole appellant vide Court order dated 08.01.2024 made in C.M.P(MD)Nos.17482, 17485 and 17486 of 2023) Vs.

1.K.Santha Kumari 2.N.Sujitha 3.N.Ajitha (Minor respondents 2 and 3 are represented by their mother the first respondent as Guardian) 4.K.Saraswathy 5.K.Thankam ... Respondents/Respondents/ Defendants 2 & 3 1/8

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 26.04.2005, on the file of the I Additional Sub-Court, Nagercoil (Camp at Padmanabhapuram made in A.S.No.42 of 2004 confirming the judgment and decree dated 18.02.2024 on the file of the Principal District Munsif Court, Padmanabhapuram made in O.S.No.37 of 2002. For Appellants : Mr.V.M.Balamohan Thambi For R1, R4 & R5 : Mr.K.N.Thambi

JUDGMENT

Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondents 1, 4 & 5. 2.The learned counsel appearing on either side submits that the matter has been amicably settled between the parties and they have also filed a compromise memo, dated 28.10.2024. The joint compromise memo is found to be signed by both the parties along with the counsel on record and a scanned reproduction of the same is as follows:

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3. Parties to the second appeal have compromised the case among themselves and arrived at and agreed that the suit property in the above suit shall be sold and the proceeds thereof shall be divided within six months from this day as follows:

i) 1/4 share for appellants 2 to 7 in the S.A/legal representatives of the deceased first defendant in the O.S., ii) 1/4 share for respondents 1 to 3 in the S.A/plaintiffs in the O.S., iii) 1/4 share for the legal representatives of the 4th respondent in the S.A/2nd defendant in the O.S. iv) 1/4 share for the 5th respondent in the S.A/3rd defendant in the O.S.

If the above said sale of the property and division of the sale proceeds are not effected within six months from this day, the parties shall be at liberty to proceed for passing of final decree as per their respective shares, stated above.

4.Accordingly, the Second Appeal is disposed of in terms of the compromise memo dated 28.10.2024 and there will be a decree accordingly. The compromise memo, dated 28.10.2024, shall form part of the decree. No costs.

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28.10.2024 NCC : Yes/No Index : Yes/No am To

1. I Additional Sub-Court, Nagercoil (Camp at Padmanabhapuram).

2.The Principal District Munsif Court, Padmanabhapuram.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

am Judgment made in 28.10.2024 8/8