This appeal against a preliminary decree in a partition suit was dismissed upon the parties entering into a memorandum of compromise. The court recorded the agreed division plan and passed a final decree in terms of that plan.
Final decree passed in terms of the division of properties as per the plan appended to the Joint Compromise Memo dated 29.09.2021.
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AS.No.279/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AS.No.279/2018
[Hybrid Mode]
K.Ramachandran
.. Appellant
Vs.
1.J.Noor Jagan
2.Saffana 3.J.Akbar Ali 4.R.Rajendran
.. Respondents
Prayer:- Appeal Suit filed under Section 96 of CPC against the judgment and decree dated 11.10.2017 made in OS.No.343/2014 on the file of the learned IV Additional District and Sessions Judge, Coimbatore.
For Appellant : Mr.Karthik Ranganathan For RR 1 to 3 : Mr.B.Vijayakumar For R4 : Mr.M.N.Balasubramanian
JUDGMENT
(1) The appellant herein is the 1st defendant in the suit in
OS.No.343/2014 on the file of the learned IV Additional District
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and Sessions Judge, Coimbatore. Respondents 1 to 3 in this Appeal Suit are the plaintiffs.
(2) Respondents 1 to 3 as plaintiffs, filed the suit in OS.No.343/2014 on the file of the learned IV Additional District and Sessions Judge, Coimbatore, for partition of the suit schedule properties into two equal shares and for allotment of one such share to the plaintiffs and other share to the defendants. The other relief is for appointing a Commissioner to divide the suit properties by metes and bounds into two equal shares and to allot one equal share to the plaintiffs.
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Compromise dated 29.09.2021 jointly filed by the appellant and respondents 1 to 3 along with the Plan, is produced before this Court.
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Compromise, this Court is of the view that the final decree can be passed by this Court if the parties agree for passing of final decree in terms of the Compromise Memo, to which, the learned counsels on either side agreed. The Joint Compromise Memo and the Plan appended thereto shall form part of the final decree.
(10) Accordingly, the Appeal Suit stands dismissed confirming the judgment and decree dated 11.10.2017 passed in OS.No.343/2014 by the learned IV Additional District and Sessions Judge, Coimbatore. There shall be a final decree in terms of the division of the suit schedule properties as per the plan appended to the Joint Compromise Memo dated 29.09.2021 filed by the appellant and respondents 1 to 3. No costs.
03.02.2022
AP Internet : Yes To 1.IV Additional District and Sessions Judge Coimbatore. 2.The Section Officer, VR Section, High Court, Chennai. S.S.SUNDAR, J.,
AP
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03.02.2022
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2 issues framed by the court
Whether the appeal in the partition suit should be disposed of based on the parties' compromise.
Whether a final decree can be passed by this appellate court in terms of the compromise memo.
K. Ramachandran
J.N. Noor Jagan
Saffana
J. Akbar Ali
R. Rajendran
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
