Vasuki Ammal v. Kali Muthammal,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.(MD)Nos.342, 441 & 443 of 2020 and C.M.P.(MD)Nos.4029, 4030, 5167, 5169, 5175 of 2020 S.A.(MD)No.342 of 2020:

Vasuki Ammal ... Appellant /Vs./ 1.Kali Muthammal 2.Shalini 3.Kalpana Devi Respondents 1 to 3 are represented through their power agent, Alagarsamy.

4.Aridoss Kennady Represented through his Power of Attorney Agent, Sakunthala Mehavarnam (died) 1/8

Balakrishnan (Died) 5.Archunammal Velayee (died) 6.Panchavarnam 7.Rakku 8.Ilangovan 9.Kanagavalli

...Respondents

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed in A.S.No.12/2014 and Cross Appeal dated 28.01.2020 on the file of the Additional District Court (Additional Fast Track), Paramakudi, modifying the judgment and decree passed in O.S.No.27/2008 dated 29.07.2013 on the file of the Sub Court, Paramakudi.

For Appellant : Mr.V.S.Kishok Kumar For Respondents : Mr.S.Kumar (R2 & R3) Mr.H.Arumugam (R4) Mr.S.Packiya Muthu (R5) Mr.K.Muthu Rakkan (R6 to R9) R1-Died 2/8

S.A.(MD)No.441 of 2020:

Aridoss Kennady ... Appellant /Vs./ Mehavarnam (died) Balakrishnan (Died) 1.Archunammal 2.Kali Muthammal Velayee (died) 3.Panchavarnam 4.Rakku 5.Shalini 6.Kalpana Devi Respondents 2, 5 & 6 are represented through their power agent, Alagarsamy.

7.Ilangovan 8.Kanagavalli 9.Vasuki Ammal

...Respondents

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P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed in A.S.No.12/2014 and Cross Appeal dated 28.01.2020 on the file of the Additional District Court (Fast Track), Paramakudi, modifying the judgment and decree passed in O.S.No.27/2008 dated 29.07.2013 on the file of the Sub Court, Paramakudi.

For Appellant : Mr.H.Arumugam For Respondents : Mr.S.Packiya Muthu (R1) Mr.S.Kumar (R5 & R6) Mr.K.Muthu Rakkan (R3, R4, R7 & R8) Mr.V.S.Kishok Kumar (R9) R2-Died S.A.(MD)No.443 of 2020:

Aridoss Kennady ... Appellant /Vs./ 1.Kali Muthammal 2.Shalini 3.Kalpana Devi 4/8

Respondents 1 to 3 are represented through their power agent, Alagarsamy.

Mehavarnam (died) Balakrishnan (died) 4.Aruchunammal Velayee (died) 5.Panchavarnam 6.Rakku 7.Ilangovan 8.Kanagavalli 9.Vasuki Ammal

...Respondents

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree passed in the Cross Appeal in A.S.No.12/2014 and dated 28.01.2020 on the file of the Additional District Court (Additional Fast Track), Paramakudi, insofar as granting the relief of partition over Item Nos.2,3,5 and 7 in "A Schedule of properties in favour of the defendants 5 to 7 by modifying the judgment and decree passed in O.S.No.27/2008 dated 29.07.2013 on the file of the Sub Court, Paramakudi.

For Appellant : Mr.H.Arumugam 5/8

For Respondents : Mr.S.Packiya Muthu (R4) Mr.S.Kumar (R2 & R3) Mr.K.Muthu Rakkan (R5 to R8) Mr.V.S.Kishok Kumar (R9) R1-Died COMMON JUDGMENT Two joint compromise memos dated 12.06.2023 have been filed by the learned counsel appearing for the parties today. As seen from the said memos, one of the respondents, namely, Kali Muthammal, died on 07.07.2021 leaving behind her two daughters namely, Shalini and Kalpana Devi as her only legal heirs and they are already brought on record as the respondents in this appeal as the legal heirs of the deceased respondent, namely, Kali Muthammal.

2. All the parties to these second appeals have signed the said joint memorandums of compromise, which have also been countersigned by the respective counsels. The respective parties are personally present before this Court and they have also been identified. 6/8

3. In view of the joint compromise entered into between the parties, the judgments and decrees of the Courts below are hereby set aside. All the second appeals are disposed of in terms of the joint memorandums of compromise. The joint memorandums of compromise dated 12.06.2023 shall form part of this judgment. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

19.06.2023 Index : Yes / No NCC : Yes / No Sm TO:

1.The Additional District Court (Additional Fast Track), Paramakudi. 2.The Sub Court, Paramakudi.

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

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ABDUL QUDDHOSE, J.

sm Common Judgment made in Dated:

19.06.2023 8/8