Latha v. Shanmugapriya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Latha ... Petitioner Vs

1. Shanmugapriya

2. Saravana Raja

3. Maheshwari

4. Vignesh

5. Manoj ... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 28.03.2024 passed in C.M.A. No. 4 of 2022 on the file of the Sub-Court, Theni and declare the petitioner also as the legal heir of the deceased Balamurugan.

For Petitioner : Mr. A K Manikkam For Respondents : Mr.S.Murugapandi for R3 M/s.K.Nishanthi for R4 & R5 1/5

ORDER

Challenging the fair and decreetal order dated 28.03.2024 passed in C.M.A. No. 4 of 2022 on the file of the Sub-Court, Theni, wherein the claim of the petitioner that she is one of the legal heirs of the deceased Balamurugan was rejected, this Civil Revision Petition is filed.

2. The only factum is that an amicable settlement is entered between the petitioner and the contesting third respondent, regarding which a memo dated 03.03.2023, which is extracted hereunder. was filed; however, the same was not considered by the Appellate Court. 2/5

3. Today, the third respondent has filed an affidavit, since an amicable settlement has been arrived at between them. The learned counsel for the third respondent submits that since both the parties have settled their issues amicably and entered into a compromise, the petitioner is also to be declared as a legal heir of deceased Balamurugan along with the respondents 4 and 5.

4. The learned counsel for the respondents 4 and 5 has also not raised any objections in declaring the revision petitioner as one of the legal heirs of the deceased Balamurugan.

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5. Recording the same, the order passed by the Sub Court, Theni dated 28.03.2024 in C.M.A.No.4 of 2022 is set aside in respect of this petitioner alone and accordingly, this Civil Revision Petition is allowed in terms of the affidavit filed by the third respondent and the compromise memo filed before the Appellate Court dated 03.03.2023, which shall form part of this order. No costs.

NCC : Yes/No 18.12.2025 Index : Yes / No Internet :Yes / No apd To The Sub-Court, Theni.

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N.SENTHILKUMAR, J apd 18.12.2025 5/5