Disposed

Gladis Mary v. Enose

Madras HC6 Feb 2017SA(MD)/322/2013

Case brief

AI extract

What is this about?

In a second appeal under CPC Section 100 regarding a partition suit, the Madurai Bench of Madras High Court disposed of the appeal based on a joint memorandum of compromise executed by the appellant and first respondent, settling the dispute and relinquishing certain property shares.

What did the court decide?

Second appeal disposed of on terms of compromise; appellant paid Rs. 1,50,000/-; respondent relinquished title in Item No.2; no order as to costs; connected petitions closed.

Gladis Mary Vs Enose — Property and Title | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday the sixth day of February Two thousand and Sixteen

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THE HONOURABLE MR.JUSTICE M.DURAISWAMY

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S.A.(MD)No.322 of 2013

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Gladis Mary .. Appellant/2^nd Appellant/8^th defendant

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Vs.

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1.Enose Kanakaraj(died) 2.Muthuswamy,s/o.Daniel Nadar, 3.Manoharan,S/O.Daniel, 4.Suseela,W/O.Parameswaran, 5.Meena,D/O.Parameswaran, 6.Reena,D/O.Parameswaran, 7.Chellamma,W/O.Daniel, 8.Swarna Bai,W/O.Nesamony, 9.Baby,W/O.Ponnayan, 10.Lysammal,W/O.Kurusumuthu, 11.Nagamma,W/o.Wilson, 12.GomathyW/O.Kanakaraj, 13.Sujin Raj,S/O.Kanakaraj, 14.Pushpa Kumari,D/O.Gomathi, 15.JalajaKumari,Malamuranga..Respondents/Appellants 3 to 6/Respondents 1 to 11 and Plaintiff, Defendants 2 to 7,9 to 12 and legal representatives of the 1^st defendant

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Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.01.2013 on the file of the learned Judge of the Camp Court at Kuzhithurai, II Additional Subordinate Judge, Nagercoil made in A.S.No.126 of 2005, modifying the judgment and decree dated 30.09.2005 of the learned II Additional District Munsif, Kuzhithurai made in O.S.No.606 of 1996.

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For Appellant : Mr.K.N.Thampi For Respondents : Mr.K.Sreekumaran Nair for R.1 : R.2 to R.15 – given up

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JUDGMENT

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https://hcservices.ecourts.gov.in/hcservices/ Challenging the judgment and decree passed in A.S.No.126 of 2005, on the file of II Additional Subordinate Court, Nagercoil modifying the judgment and decree passed in O.S.No.606 of 1996, on

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the file of II Additional District Munsif Court, Kuzhithurai, the eighth defendant has filed the above Second Appeal.

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The appellant has given up the respondents 2 to 15 in the Second Appeal.

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When the Second Appeal was taken up for hearing, the learned Counsel appearing on either side submitted that the appellant/8^th defendant and the first respondent had settled the matter out of Court and also entered into a joint memorandum of compromise dated 26.01.2017.

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As per the memorandum of compromise, the appellant paid a sum of Rs.1,50,000/-(Rupees One Lakh and Fifty Thousand only) by way of Demand Draft to the first respondent. The appellant and the first respondent are present in the Court and they have also acknowledged the due execution of joint memorandum of compromise dated 26.01.2017. On receiving the sum of Rs.1,50,000/- towards the value of the first respondent's entire share in item No.2 of the suit properties, he had relinquished his title in favour of the appellant in respect of Item No.2 of the suit properties. It was agreed that the Second Appeal may be dismissed insofar as item Nos.1 and 3 are concerned.

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The learned Counsel appearing on either side submitted that the Second Appeal may be disposed of in terms of joint memorandum of compromise dated 26.01.2017 and 06.02.2017.

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Having regard to the submissions made by the learned Counsel appearing on either side, the memorandum of compromise dated 26.01.2017 and 06.02.2017 are taken on record and shall form part of the record. The Second Appeal stands disposed of in terms of the joint compromise memo filed by the parties. The terms of compromise shall form part of the decree passed in the above Second Appeal. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

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1.The II Additional Subordinate Judge, Nagercoil.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The II Additional District Munsif judge, Kuzhithurai.

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+1cc to Mr.K.N.Thampi,Advocate,SR No.6409

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+1cc to Mr.K.Sreekumaran Nair,Advocate,SR No.6488

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S.A(MD)No.322 OF 2013

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06.02.2017

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MS/PM.PN/20.2.2017.3P.5C

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https://hcservices.ecourts.gov.in/hcservices/

Gladis Mary v. Enose

Case brief

What is this about?

What did the court decide?

Gladis Mary v. Enose

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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