V.Damodharan, v. A.Lalitha,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN 1.V.Damodharan 2.D.Dinakaran ...Appellants /Vs./ A.Lalitha

...Respondent

PRAYER:- Appeal - filed under Section 96 and Order 41 Rule 1 & 2 of CPC, to set aside the decree and judgment passed in OS No.40 of 2013 dated 30.10.2014 on the file of the II Additional District Judge, Trichirappalli and dismiss the suit by allowing this appeal. For Appellants : Mr.M.N.Sankaran (A1) Mr.B.Ramnath (A2) For Respondent : Mr.T.Lenin Kumar 1/9

JUDGMENT

(Judgment of the Court was made by V.BHAVANI SUBBAROYAN, J.) The present appeal has been filed challenging the judgment and the preliminary decree passed by the II Additional District Judge, Trichirappalli, in O.S.No.40 of 2013 dated 30.10.2014.

2. During the pendency of this appeal, the first appellant died on 05.03.2019 leaving behind the second appellant and the respondent as his legal heirs. To that effect, a memo has also been filed with the copies of the death certificate and the legal heirship certificate of the first appellant. Thereafter, the second appellant and the respondent have arrived at an amicable settlement and they have also filed a joint memo of compromise dated 22.12.2023 signed by the parties stating that the dispute between them has been resolved and settled. The said memo is recorded and is scanned hereinbelow:- 2/9

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3. In view of the above terms of compromise, the second appellant is entitled to 2/3 share of schedule property in the suit and the respondent is entitled to 1/3 share in the schedule property. As per the above division of the share, the parties have to initiate the final decree proceedings as per the terms of the compromise. The learned trial Judge upon filing the petition is to pass the final decree as per the terms of compromise as stated above.

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4.In the result, this Appeal Suit is disposed of, in the following terms:

(i)The preliminary decree passed in O.S.No.40 of 2013 by the Court below in granting 1/3 share to each party is modified to the effect that the second appellant is entitled to 2/3 share and the respondent is entitled to 1/3 share.

(ii)The Court below is hereby directed to pass the final decree on the basis of the above said terms of compromise upon filing application on behalf of the party to the suit. (iii)The joint memo of compromise dated 22.12.2023 filed before this Court shall form part of this Judgment and Decree. Connected Miscellaneous Petitions are closed. There shall be no order as to costs.

(V.B.S.J.) & (K.K.R.K.J.) 05.03.2024 NCC :Yes/No Index :Yes/No Internet :Yes sm Note:Registry is directed to return the original records forthwith. 7/9

TO:- 1.The II Additional District Judge, Trichirappalli. 8/9

V.BHAVANI SUBBAROYAN, J.

and K.K. RAMAKRISHNAN, J.

sm/vsg Judgment made in Dated:

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