Second appeal regarding property division was disposed of after parties reached an amicable settlement. The appellate court accepted the settlement agreement and disposed of the appeal based on its terms without costs.
Settlement agreement dated 13.09.2023 accepted as part of decree; appeal disposed of. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.A. No. 1188 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
S.A. No. 1188 of 2009
and
M.P.No. 1 of 2012
Mohamed Abubacker Ansar (died)
Raffunnissa (died)
Rahmath Begam (died)
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S.A. No. 1188 of 2009
(A10 to A13 brought on record as LRs of the deceased A1 vide court order dated 18/04/2023 made in C.M.P.Nos. 3334, 3338 and 3340 of 2023)
14 Mohammed Haroon
(14th appellant brought on record as LRs of the deceased 6th Appellant vide court order dated 06.06.2023 made in C.M.P.Nos. 10724, 10726 and 10727 of 2022)
(Appellants 15 to 20 brought on record as LRs of the deceased 8th Appellant Vide Order of Court dated 06.06.2023 made in C.M.P. No.10824, 10821 & 10819 of 2023)
.. Appellants
Versus
Zakhra (died)
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S.A. No. 1188 of 2009
Kutbudeen (died)
Abu Ahmed (died)
(8th Defendant iImpleaded as the legal representative 7th defendant on 4/9/1996)
(9th to 14th respondents are LRs of the Deceased 6th Respondent as per order dated 6/12/2007)
(15th to 23rd respondents are legal heirs of 1st Respondent vide order of court dated 06.06.2023 made in C.M.P. Nos. 10777, 10779, 10782 of 2022)
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S.A. No. 1188 of 2009
24 Abrar Mohammed 25 Ayesha Faheem
(R24 and R25 brought on record as LRs of the deceased R8 vide Order of court dated 06.06.2023 made in C.M.P.No. 10788 of 2022) ... Respondents
Prayer :- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree in A.S.No. 435 of 2003 on the file of VI Addl. City Civil Court, Chennai dated 30.07.2008 confirming the judgment and decree passed in O.S.No.8635 of 1995 on the file of the learned XI Asst. Judge, City Civil Court, Chennai dated 07.03.2001.
For Appellants : Mr.Mohammed Ghouse For Respondents : R1, R5 & R8 – died R7 & R9 – died No appearance for R2, R3, R4, R6, R10 to R14 Mr. T.Sathish for R15 to R23
JUDGEMENT
Today, when the matter taken up for hearing, both learned counsel for
appellants and respondents 15 to 23 appeared. Already this matter was
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S.A. No. 1188 of 2009
referred to mediation and the report from the Mediation Centre is received.
Before the Mediation and Conciliation Centre of this court, settlement was arrived amicably between the parties and a settlement agreement was executed by both parties. The copy of settlement agreement enclosed in the typed set of papers was perused.
20.10.2023
Index : Yes/No Speaking Order : Yes/No rpp To
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S.A. No. 1188 of 2009
T.V.THAMILSELVI, J.
rpp
S.A. No. 1188 of 2009
20.10.2023
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Mohamed Usain Abdula Usman
Ghulam Thasthagear Mohamed Abdul Wahab
Mohamed Omer Kader Khaleelullah
Ghouseunnissa Khathija
Sohel Mustafa
Abul Ahmed
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
