V.Sriram, v. Padma Ram Mohan,

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No.2244 of 2021 V.Sriram ... Appellant/5th Respondent/2nd Defendant /Vs./ 1.Padma Ram Mohan ... 1st Respondent/Appellant/3rd Defendant 2.S.Krishnamoorthy 3.K.Karthick 4.K.Srikanth 5.K.Viswanathan ... Respondents 2 to 5/ Respondents 1 to/Plaintiffs 2 to 5 P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree dated 04.09.2019 passed in A.S.No.169 of 2017 on the file of the Subordinate Court, Tirumangalam, by reversing the Judgment and Decree dated 22.06.2017 delivered in 1/8

Original Suit No.660 of 2004 on the file of the District Munsif Court, Tirumangalam.

For Appellant : Mr.I.Suthakaran For Respondents : Mr.S.Mahesh Babu for R.1 : Mr.R.R.Kannan for R.2 to R.5

JUDGMENT

The respondents/plaintiffs 2 to 5 had filed a suit in O.S.No.660 of 2004 on the file of District Munsif Court, Thirumangalam for partition claiming 1/4th share in the suit schedule property and the same was dismissed vide judgment and Decree dated 22.06.2017. Aggrieved over the same, 1st respondent / 3rd defendant has filed the appeal suit in A.S.No.169 of 2017 on the file of Sub Court, Thirumangalam and the same was partly allowed vide judgment and Decree dated 04.09.2019. Aggrieved over the same, the appellant/2nd defendant has filed this 2/8

second appeal.

2. Pending second appeal, the 1st respondent / 3rd defendant herein has agreed for settlement with the appellant / 2nd defendant and has received Rs.10,00,000/- (Rupees Ten Lakh only) through Demand Draft dated 31.01.2022. The aforesaid amount was received in lieu of her rights over the properties. On such receipt the said 1st respondent / 3rd defendant has given up her rights over the properties.

3. However, the respondents 2 to 5 / plaintiff 2 to 5 refused to receive the amount.

4. Pending second appeal, respondents 2 to 5 / plaintiff 2 to 5 and the appellant / 2nd defendant had arrived at settlement and had filed a Joint Compromise Memo. The parties have agreed to execute a sale deed in the Joint Compromise Memo and also agreed to other terms and the same is extracted hereunder:

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4. Accordingly, this Second Appeal is disposed of in terms of Joint Compromise Memo. The Joint Compromise Memo shall be part and parcel of this Judgment. In case if there is any dispute in implementing 6/8

the Joint Compromise Memo, the parties are at liberty to approach this Court. No costs. Consequently, connected miscellaneous petition is closed.

27.03.2024 Index : Yes / No NCC : Yes / No jbr 7/8

S.SRIMATHY, J.

Jbr TO:

1.The Subordinate Court, Tirumangalam.

2.The District Munsif Court, Tirumangalam.

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

Judgment made in S.A.(MD)No.156 of 2021 Dated:

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