Madras High CourtAS(MD)/38/2019disposed of

Rajalekshmi v. E.Balakrishnan

2019-11-14Honourable Mrs Justice J. Nisha Banu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Fourteenth day of November Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU RAJALEKSHMI W/O.THANU PILLAI, NEW DOOR NO.18, (OLD NO.11),WEST CAR STREET, VADIVEESWARAM VILLAGE, AGASTEESWARAM TALUK, KANYAKUMARI DISTRICT ... Appellant / Respondent No.2 / Defendant No.2 Vs 1 E.BALAKRISHNAN S/O.LATE P.EASWARA PILLAI, MELAPALLA THERU,, VADIVEESWARAM, VADIVEESWARAM VILLAGE,, AGASTEESWARAM TK, K.K,DT.

2 E.SADHASIVAN S/O.LATE EASWARA PILLAI, KEEZHAPALLA THERU,, VADIVEESWARAM, VADIVEESWARAM VILLAGE,, AGASTEESWARAM TK, K.K,DT.

...

Respondents 1 & 2 / Petitioners 1 & 2/ Plaintiffs 1 & 2 3 SETHULEKSHMI W/O.V.VELAYUDHAN PILLAI, 22B, PILLAYARCOIL, THERU, NEAR SIVASAKTHI MANDAPAM, EAST CAR ST,, VADIVEESWARAM, AGASTEESWARAM TK, K.K,DT.

4 CHANDRA W/O.LATE RAMACHANDRAN, NO.11/P-5B, KENNEDY, THERU, MELARAMANPUTHOOR, NAGARCOIL 629 004,, NAGERCOIL VILLAGE, AGASTEESWARAM TK, K.K.DT.

5 SATHIA D/O.RAMACHANDRAN, NO.11/P-5B, KENNEDY THERU,, MELARAMANPUTHOOR, NAGARCOIL 629 004,, NAGERCOIL VILLAGE, AGASTEESWARAM TK, K.K.DT.

6 CHENTHIL S/O.RAMACHANDRAN, NO.11/P-5B, KENNEDY THERU,, MELARAMANPUTHOOR, NAGARCOIL 629 004,, NAGERCOIL VILLAGE, AGASTEESWARAM TK, K.K.DT.

7 SARATHY (MINOR),S/O.SUJA, NO.11/P-5B, KENNEDY THERU, MELARAMANPUTHOOR,, NAGARCOIL - 629 004 , AGASTEESWARAM TK, K.K.DT (REP.BY, HIS MOTHER MATERNAL GRAND FATHER, CHANDRA, 1/5

THE 4TH RES).

8 SABARI(MINOR), S/O.SUJA, NO.11/P-5B, KENNEDY THERU, MELARAMANPUTHOOR,, NAGARCOIL - 629 004 , AGASTEESWARAM TK, K.K.DT (REP.BY, HIS MOTHER MATERNAL GRAND FATHER, CHANDRA, THE 4TH RES).

9 SARAVANAN,H/O.SUJA,C/O.CHAND RA, D.NO.11/8-58, NO.11/P-5B, KENNEDY THERU,, MELARAMANPUTHOOR, NAGARCOIL 629 004,, NAGERCOIL VILLAGE, AGASTEESWARAM TK, K.K.DT.

Respondent 3 to 9 / Respondents 1 & 3 to 8 / Defendants 1 and 3 to 8 (Respondent 3 Ex-parte vide EB (minors 7 & 8 rep by R4) Prayer:- Appeal Suit filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 07.08.2018 of the Principal District Judge, Kanniyakumari District at Nagercoil, and made in I.A. Nos.343 of 2016 in O.S. No.26 of 2010. DECREE:- This Appeal Suit having come up for final hearing on this date, in the presence of Mr.K.N.Thampi, Advocate for Appellant and of Mr.R.Murugan, Advocate for first and second respondents Mr.V.George Raja, Advocate for fourth to ninth respondentS and a compromise memo dated 10.11.2019 vide CMP(MD) No.

10534 of 2019 having been filed before this court by the Petitioner and the first and second respondents and upon perusing the grounds of appeal as well as the order and decree of the Court below and the records relating to the case, and this Court while disposing of the Appeal Suit in terms of the Compromise Memo, doth order and decree as follows:- (1)That towards her share in the Suit properties in the abovesaid O.S. No.26 of 2010, the appellant, namely Rajalekshmi,be and hereby is allotted and hence does have the plot marked as MBCDKLM in the plan hereto attached, and having an area of 41.590 cents (forty-one cents and five hundred and ninety square links), the plot marked as ABMA in the said plan, and having an area of 300 (three hundred) square links, in item No.1 (paddy field) of the suit properties, and the entire item No.

2 of the Suit properties.

(2) that towards their share in the suit properties in the abovesaid O.S. No.26 of 2010, respondents 1 and 2, namely, E.Balakrishnan and E.Sadhasivan, together be and hereby are allotted and hence do have the plot marked as KDEFGJK in the said plan and having an area of 27.730 cents (twenty seven cents and seven hundred and thirty square links) and the plot marked as JGFHIJ in the said plan, and having an area of 940 (nine hundred and forty) square 2/5

links, in Item No.1 (paddy field) of the suit properties.

(3) That towards equalization of share-value, the appellant paid to the respondents 1 and 2 together a sum of Rs.6,00,000/- (Rupees Six Lakh only) in cash on 09.08.2019 (the ninth day of August, two thousand and nineteen), and pays to the first respondent a sum of Rs.10,00,000/- (Rupees Ten lakhs only) by means of account-payee demand draft No.009666 dated 02.11.2019, issued by Corporation Bank, Nagercoil, in his favour, and to the second respondent a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) by means of account-payee demand draft No.009665 dated 02.11.2019, issued by Corporation Bank, Nagercoil, in his favour, thus making a total of Rs.26,00,000/- (Rupes Twenty six lakh only) and the Respondents 1 and 2 agree to the said sum of Rs.26,00,000/- (Rupees Twenty six lakh only) for relinquishment of their entire rights in item No.2 of the suit properties in the above-said O.S. No.26 of 2010.

(4) That the Plan attached to the compromise memo be and hereby is made part and parcel of the decree in the suit.

(5) That the parties agree to a decree, as stated above, in modification of the final order and final decree dated 07.08.2018 of the Principal District Judge, Kanniykumari District at Nagercoil, and made in I.A. No.343 of 2016 in O.S. No.26 of 2010 .

(6) That the respondents 3 to 6 and 8 in the above A.S. remained ex-parte in I.A. No.343 of 2016 in O.S. No.26 of 2010 on the file of the Court of the District Judge of Kanniyakumari at Nagercoil, and respondents 3 to 9 in the above A.S. Were not granted any relief in the said I.A., and are not granted any relief in the O.S.

(7) That the respondents 3 to 9 are given up in the memorandum of compromise.

(8) That the parties do agree that E.P. No.4 of 2019 in O.S. No.26 of 2010 on the file of the Court of the District Judge, Kanniyakumari at Nagercoil shall stand terminated.

(9) That the parties do agree to suffer their respective costs.

(10) That there be no costs, in this Appeal Suit. Schedule of Property District :Kanyakumari Regin.District :Kanyakumari Taluk :Agasteesawaram Village :Marungoor O.S.No.

:197 3/5

R.S.No.

:6/5 Extent :68 cents Areas :84.56 cents equivalent to 0.34.23.754 Description :Nkw;gb rh;Ntapy; (68 nrd;W) mWgj;jp vl;L nrd;W ,UNghfk; eQ;ir epyk;

Boundaries:

North :Thanumalaya perumal's enjoyment land West :Kal South :Sooriya kannu and Chockalingam's Lands East :Sivanu Ganapathy Asari land.

Item No.2 District :Kanyakumari Regin.District :Kanniyakuamri Taluk :Agasteeswaram Village :Vadiveeswaram R.S.No.

:Q/13-137 Old Sy.No :1679/3704 Extent :1 1⁄2 cents Door No.

:Old No.11, New No.18 Description:

Nkw;gb rh;Ntapy; xd;wiu nrd;Wf;F rkkhd 653.4 rJu mb kidAk;, mjpypUf;Fk; vd;. vk;. rp. 13/11k; Gjpa vz; 13/18 ek;gh; nfhLf;fg;gl;l xl;Lg;gzp nfl;blq;fSk;, mjpypUf;Fk; kpd;rhu tpsf;FfSk;, mjw;Fhpa kPl;lUk;,jz;zPh;

FohAk;,mjw;Fhpa kPl;lUk; $bas;s nrhj;J.

Boundaries:

North :Lekshmanan Chettiar's House West :Mela Rathaveethi South :Bagavathiammai's House East :Bagavathiammai's House Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Principal District Judge, Kanniyakumari District at Nagercoil.

(Xerox copy of the Compromise memo is annexed) 4/5

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.N.THAMPI, Advocate ( SR-98172 dated 14/11/2019 ) +1 CC to M/s.R.MURUGAN, Advocate ( SR-98364 dated 14/11/2019 ) ORDER DATED : 14/11/2019 ========================== COMPROMISE DECREE ========================== Nature of Decree:- Disposing the Appeal Suit preferred against the order and final decree of the Principal District Judge,Kanniyakumari District at Nagercoil made in I.A. Nos.343 of 2016 in O.S. No.26 of 2010 etc., as stated within.

KK/SAR/13.01.2020/5P-6C/ 5/5