Madras High CourtSA(MD)/211/2019disposed of

S.Muniyammal, v. Rakkammal,

2019-11-27Honourable Ms. Justice P.T. Asha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of November Two Thousand Nineteen PRESENT The Hon'ble Ms.Justice P.T.ASHA SA(MD). No.211 of 2019

1. S.Muniyammal, W/o.Solaiyappan, Patcheri Village, Thiruchuzhi Tk., Virudhunagar District.

2. S.Kumresan, S/o.Solaiyappan, Patcheri Village, Thiruchuzhi Tk., Virudhunagar District. ... Appellants Vs 1 RAKKAMMAL, W/O.LATE.MARIAPPAN, T.PATCHERI VILLAGE,, THIRUCHULI TK., VIRUDHUNAGAR DT.

2 THE TAHSILDAR, THIRUCHULI TK., VIRUDHUNAGAR TK., VIRUDHUNAGAR DT. 3 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DT, VIRUDHUNAGAR.

4 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DT.,VIRUDHUNAGAR ... Respondents Prayer:- This Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree of the Subordinate Judge, Aruppukkottai, dated 25/03/2019 made in Appeal Suit No.11 of 2018 preferred against the judgment and decree of the court of the District Munsif, Aruppukkottai made in Original Suit No. 194 of 2014 dated 03/04/2018.

DECREE:-This Second Appeal is coming on for hearing on this day in the presence of MR.B.ANANDHAN, Advocate for the Appellants and of MR.PARTHASARATHY Advocate for the 1st Respondent and of MR.GUNASEELAN MUTHIAH Advocate for the Respondents 2 to 4, and the parties herein having settled their differences and entered in a joint compromise dated 27/11/2019 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 of appeal, the judgment and decree of the Courts 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 dated 27/11/2019 which is annexed herewith, and while disposing of the appeal in terms of Joint memo of compromise, doth order and decree as follows:- (1)that the first respondent herein/ Rakkammal alone be and hereby is declared as the legal heir of deceased Muneeswaran;

(2) that the legal heirship certificate Ex.A5 dated 05.03.2014 be and hereby is declared as null and void;

(3) that the appellants herein/S.Muniyammal and S.Kumresan do agree for the disbursement of the future family pension of the deceased Muneeswaran to the 1st respondent herein/Rakkammal from June,2019 onwards since the 1st appellant herein /S.Muniyammal has already received the terminal benefits and the family pension of the deceased Muneeswaran till May,2019 and the 1st respondent herein/Rakkammal has agreed that she will not claim any amount which was disbursed earlier to the 1st appellant herein/S.Muniyammal till May, 2019;

(4) that the appellants herein/S.Muniyammal and S.Kumresan do agree that they do not have any rights in the movable and immovable properties of the deceased Muneeswaran and shall not make any claim over the share;

(5) that the 1st respondent herein/Rakkammal has no objection to print the name of her deceased son viz., Muneeswaran on the wedding invitation of the 2nd appellant herein/S.Kumresan as Late Muneeswaran since her deceased son had recognized the 2nd appellant herein viz., Kumaresan as his son and declared so in Ex.B3;

(6) that the appellants herein/S.Muniyammal and S.Kumresan do agree that if any amount is due towards the benefits on late Muneeswaran be claimed by the 1st respondent herein viz., Rakkammal;

(7) that there be no costs in this Appeal.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) TO (Encl. Xerox copy of Joint Compromise Memo dated 27.11.2019)

1. The Subordinate Judge, Aruppukkottai.

2. The District Munsif, Aruppukkottai.

+1 CC to M/s.G. MARIAPPAN, Advocate ( SR-101925[F] dated 27/11/2019 ) +1 CC to M/s.B. ANANDAN, Advocate ( SR-101865[F] dated 27/11/2019 ) Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 27/11/2019 ========================== DECREE ========================== SA(MD). No.211 of 2019 Nature of Decree:- Disposing of the Second Appeal on the basis of the joint compromise memo dated 27/11/2019 etc., as stated within.

SDS (02.03.2020) 3P-7C