Allowed

Raju (Died) v. Vadivel

Madras HC4 Jan 2023SA(MD)/475/2005

Case brief

AI extract

What is this about?

Second appeal by blood brothers regarding partition suits of agricultural properties dismissed after parties settled differences. Court recorded joint compromise memo defining exclusive ownership of specific survey numbers and common rights in others, ordering withdrawal of pending appeals and revisions without costs.

What did the court decide?

Second Appeal disposed upon recording of joint compromise memo. Schedules of properties passed defining exclusive and common ownership. Order to withdraw other pending suits and appeals. No order as t

Raju (Died) Vs Vadivel — Partition | Madras HC (2023)

¶1

SA(MD). No.475 of 2005

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

(Civil Appellate Jurisdiction)

¶4

Wednesday, the Fourth day of January Two Thousand Twenty Three

¶5

PRESENT

¶6

The Hon`ble Mr.Justice S.SOUNTHAR

¶7

SA(MD). No.475 of 2005

¶8

1 RAJU (DIED) ... Appellant / Respondent / Plaintiff

¶9

2 ARPUTHAM, W/O.LATE.P.RAJU, 3 ANANDAN, S/O.LATE.P.RAJU

¶10

4 MUTHULAKSHMI, D/O.LATE.P.RAJU

¶11

5 MARUDHUPANDIAN (DIED)

¶12

6 KATTABOMMAN, S/O.LATE.P.RAJU, (Appellants 2 to 6 brought on record as LRs of the deceased sole Appellant)

¶13

7 MUNIYAMMAL, W/O. LATE. MARUTHUPANDIAN,

¶14

8 MINOR. VETHA VIYASH, S/O. LATE. MARUTHUPANDIAN,

¶15

9 MINOR. NACHIYASRI, D/O. LATE. MARUTHUPANDIAN, (MINORS REPRESENTED THROUGH THEIR MOTHER AND GUARDIAN - 7th APPELLANT) ... Appellants (APPELLANTS 7 TO 9 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 5^th APPELLANT VIDE COURT ORDER DATED 21.12.2022 MADE IN CMP (MD)Nos.12343, 12345 and 12346 OF 2022 SA(MD)No.475 of 2005) ... Vs ...

¶16

1 VADIVEL 2 RAVICHANDRAN ... Respondents / Appellants / https://www.mhc.tn.gov.in/judis Defendants

¶17

https://www.mhc.tn.gov.in/judis

¶18

1/7

¶19

SA(MD). No.475 of 2005

¶20

Prayer:-

¶21

Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Principal District Judge, Virdhunagar Distrct at Srivilliputhur, in A.S. No.59 of 2004 dated 19.01.2005 which reserved the decree and judgment of the Subordinate Judge, Aruppukottai in O.S. No.265 of 2001 dated 05.12.2003 and to restore and confirm the decree and judgment of the Subordinate Court, Aruppukottai in O.S. No.265 of 2001 dated 05.12.2003.

¶22

DECREE:-

¶23

This Second Appeal having is came up for final hearing on this date, in the presence of Mr.R.Devaraj, Advocate for Appellant and Mr.A.Sivaji, Advocate for respondent and the appellant and respondent herein having settled their differences and entered into compromise requesting the court to pass a decree in the Appeal in turn themselves through their respective advocates and having filed a joint compromise memo dated 04.01.2023 duly signed by the parties as well as by their Advocates, and upon perusing the grounds of Appeal as well as the judgment and decree of the Courts below and the records relating to the case and this court while recording the said memo of compromise and disposing the Second Appeal and Civil Revision Petition in terms of the Joint Compromise memo, and doth order and decree as follows ;-

¶24

In pursuance of the Joint Compromise memo, the compensation which has to be awarded through competent officer has been deposited as per L.A.O.P.No.55/2001 and L.A.O.P.No.315/2001 on the file of the Sub-Court, Aruppukkottai filed by the 1^st party among us on his own. The 1^st party agrees to give 1 /2 share to the 2^nd parties after the expenses of litigation. The 2^nd party also agree to withdraw the compensation amount deposited in Sub-Court, Aruppukkottai through his counsel in L.A.O.P.No.55/2001 and L.A.O.P.No.315/2001 and hand over the amount to either to the 2^nd party or heirs of 2^nd party as stated supra.

¶25

The 1^st and 2^nd party agree that 16^th scheduled suit property in Survey No.56/1 measuring about 0.60.0 hectares disputed in O.S.No.265/2001 is purely owned by the 2^nd respondent, and 1^st and 2^nd party also agree that there is no right and possession over the 2^nd party or their legalheirs in respect of the above said property. The scheduled properties in 18,19,20,21,24,25 and 26 in O.S.No.265/2001 is separately owned by the 1^st party among us and the 2^nd agree that there is no rights over the aforesaid properties to the 2^nd party and his legal heirs. Even though the case was dismissed regarding the 22^nd item of the property in A.S.No.59/2004, the above said 22^nd Item of the property was acquired by the Government and compensation has been given and the same is under https://www.mhc.tn.gov.in/judis land acquisition proceedings. The 1^st party and 2^nd party among us

¶26

2/7

¶27

SA(MD). No.475 of 2005

¶28

agree that 1^st and 2^nd party have equal right over the other properties in 1 to 15, 17, and 23 and 27 and the same has to be shared equally each other.

¶29

3.The 2^nd party among us has to withdraw the second appeal without further proceedings in S.A.No.475/2005 on the file of the Madurai Bench of Madras High Court by mentioning the compromise made among us. As same as, the 2^nd party also has to withdraw suit in O.S.No.87/2010 on the file of the Sub-Court, Aruppukkottai.

¶30

The 1^st party among us also agrees to withdraw the Civil Revision Petition in C.R.P.(MD) No.136/2012 filed before the Madurai Bench of Madras High Court.

¶31

We 1^st and 2^nd parties have signed in the presence of witnesses in the present Compromise Agreement.

¶32

SCHEDULE OF PROPERTIES

¶33

The property has to be enjoyed and possessed by the 2^nd respondent Ravichandran among us mentioned in O.S.No.265/2001.

¶34

PROPERTY

¶35

Punja Land in Survey No.56/1 with an extent of 0.60.0 hectares situated in Mandhoppu Village. Kariapatti Taluk, Virudhunagar District.

¶36

The 1^st party Vadivel among us has to be enjoyed the properties as follows:

¶37

DETAILS

¶38

The punja survey Numbers situate in Accankulam Village, Kariapatti Taluk, Virudhunagar District.

¶39

Survey No.61/10B (New No.61/10B2)0.34.0 Hectare - 2. Survey No.61/2C 0.35.0 Hectare 3. Survey No.62/2 - 0.29.0 Hectare 4. Survey No.62/3A - 0.29.0 Hectare 5. Survey No.81/2 - 0.56.0 Hectare 6. Survey No.81/5 - 1.17.5 Hectare 7. Survey No.85/9 - 0.43.0 Hectare

¶40

(The above said survey numbers are shown the properties of 18^th to 21, 24, 25 & 28 in O.S.No.265/2001 on the file of the Sub-Court, Aruppukkottai)

¶41

The details of the properties to be enjoyed commonly by the 1^st and 2^nd parties among us.

¶42

The punja survey Numbers situate in Mandhoppu village, Kariappatti Taluk, Virudhunagar District.

¶43

https://www.mhc.tn.gov.in/judis

¶44

3/7

¶45

Sl.No. Punja SurveyNumber	Hectare
1. 5/18D	`0.08.0
2. 5/18	0.00.5
3. 8/3	0.28.5
4. 8/4A	0.10.5
5. 8/4B	0.04.0
6. 8/4C	0.12.0

¶46

SA(MD). No.475 of 2005

¶47

Vaiyampatti Village, Kariapatti Taluk, Virudhunagar

¶48

7.	150/6	0.18.0
8.	167	1.24.0 including
		Juriflora trees.

¶49

Acchankulam village, Kariappatti Taluk, Virudhunagar District.

¶50

9.	Garden S.F.No.56/5	0.14.0
10.	Garden S.F.No.56/6	0.63.0
11.	Garden S.F.No.56/8	0.29.5
12.	Garden S.F.No.56/9	0.35.0
13.	Garden S.F.No.61/3A	0.22.0
14.	Garden S.F.No.56/6	0.14.0 including Well
		and 3 HP PumpSet Room.
15.	Garden S.F.No.61/8	0.16.0
16.	Punja No.56/7	0.12.0
17.	Punja S.F.No.49/4	0.44.5

¶51

Centering Houses in Door No.123A, B in Manthoppu village, Kariapatti Taluk, Virudhunagar District.

¶52

North : Paramasivam House & Common Lane East : Common Lane, Samuthirapandian House South : East west Street West : South North Street and Channel. 41 feet in East West and 20 feet in South North as per schedule. (The above said survey numbers has been shown as item numbers 1 to 15, 17, 23 and 27 in O.S.No.265/2001 on the file of the Sub-Court, Aruppukkottai).

¶53

16^th Date of December, 2022

¶54

Vadivel, son of Late Periyan residing at Manthoppu Village, Kalkurichi Via, Kariapatti Taluk, Virudhunagar District

¶55

https://www.mhc.tn.gov.in/judis

¶56

and

¶57

4/7

¶58

SA(MD). No.475 of 2005

¶59

Ravichandran, son of Vadivel residing at Manthoppu Village, Kalkurichi Via, Kariapatti Taluk, Virudhunagar District as 1^st Party Arputham (1) wife of Late Raju, residing at Door No.1-1-75, V.V.V.Nagar, Mallankinaru Village, Kariapatti Taluk, Virudhunagar District, Anandham (2) son of Late Raju residing at Door No.1-1-75, V.V.V.Nagar, Mallankinaru Village, Kariapatti Taluk, Virudhunagar District, Muthulakshmi (3) wife of Late Raju residing at Door No.11-75, V.V.V.Nagar, Mallankinaru Village, Kariapatti Taluk, Virudhunagar District, Kattabomman (4), son of Late Raju, residing at Door No.1-1-75, V.V.V.Nagar, Mallankinaru Village, Kariapatti Taluk, Virudhunagar District, Muniammal (5) wife of Late Marudhupandian residing at residing at Door No.21-A, V.V.V.Nagar, Mallankinaru Village, Kariapatti Taluk, Virudhunagar District, Minor VedhaViyas (6) daughter of Late Marudhupandian residing at residing at Door No.21-A, V.V.V.Nagar, Mallankinaru Village, Kariapatti Taluk, Virudhunagar District, Natchiarsree (7) daughter of Late Marudhupandian residing at residing at Door No.21-A, V.V.V.Nagar, Mallankinaru Village, Kariapatti Taluk, Virudhunagar District (6^th and 7^th party are represented through 5^th party and mother and guardian Muniammal), the above said 7 persons are 2^nd party – the 1^st and 2^nd party entered into Compromise Agreement as follows:

¶60

The 1^st party Vadivel and Late Raju who is the husband of the 1^st person in 2^nd party, father of the 2^nd to 4^th persons, father in law of the 5^th person in 2^nd party and grandfather of the 6^th and 7^th persons in 2^nd party, are blood brothers. The lands in Survey No.61/3B, measuring about 0.34.5 hectares situate in Kariappati Taluk, Virudhunagar District, Survey No.61/7A measuring about 0.23.0 Survey No.62/4A, measuring about 0.26.0 hectares, Survey No.62/4B measuring about 0.09.0 hectares, Survey No.61/10A measuring aboust 0.04.0 hectares and Survey No.62/3B, measuring about 0.10.05 was acquired by the Tamil Nadu Government for forming Branch Channel under Sennampatti Dam Project, in the year 1991. For the above said acquired lands, the 1^st party received compensation from the Land Acquisition Officer and took action for additional compensation petitions and on the basis of the petitions, the files were sent to Sub-Court, Srivilliputhur under Sec.18 of Land Acquisition Act and thereafter sent to newly established Sub-Court, Virudhunagar and subsequently sent to newly established Sub-Court, Aruppukkottai and numbered as L.A.O.P.No.55/2001 and 315/2001. After the trial, the judgment and decree was passed in favour of the 1^st party among us. Also the 2^nd party among us filed a petition for partition against the 1^st party and his son Ravichandran in respect of 1^st to 27^th schedule properties in O.S.No.265/2001 on the file of Sub-Court, Aruppukkottai. After the trial on both side, the judgment was passed against the 1^st party finding that the 2^nd parties have equal share in respect of all the suit properties by its judgment dated 05.12.2003. Aggrieved over the same, the 1^st party filed appeal in https://www.mhc.tn.gov.in/judis A.S.No.59/2004 before the District Court, Srivilliputhur and the

¶61

5/7

¶62

SA(MD). No.475 of 2005

¶63

trial court partly allowed the appeal suit and modified on 19.01.2005. Aggrieved over the same, the 2^nd party among us filed a second appeal in S.A.No.4785/2005 before the Madurai Bench of Madras High Court and the same is pending as on date.

¶64

During the pendency of the above said cases, on the basis of the judgments and decrees filed against the 1^st party and Special Tahsildar (Land Acquisition), Small Agricultural Project Virudhunagar in L.A.O.P.No.55/2001 and L.A.O.P.No.315/2001, the 1^st party handed over 1 /2 share of compensation amountsto the 2^nd party and O.S.No.87/2010 was filed on the file of the Sub-Court, Aruppukottai and the same is pending. The 1^st party among us filed an application in I.A.No.291/2010 in O.S.No.87/2010 praying that the 2^nd party among us are not entitled to share in compensation of Land Acquisition and strike off the suit in O.S.No.87/2010 and after the trial the above said application was dismissed filed against the 2^nd party. Aggrieved against the same, the 1^st party filed Civil Revision Petition in CRP (MD) No.136/2012 before the Madurai Bench of Madras High Court and the same is pending. In these circumstances, to avoid unnecessary tribulations, loss of money and loss of time, the 1^st and 2^nd parties among us enter into compromise agreement:

¶65

That the Second Appeal is disposed off,

¶66

9)That there shall be no order as to costs, in this Second Appeal.

¶67

// True Copy //

¶68

¶69

1. The Principal District Judge, Virudhunagar District at Srivilliputhur.

¶70

The Subordinate Judge, Aruppukottai. (Copy of the Joint Compromise memo is annexed)

¶71

Copy to:

¶72

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

¶73

https://www.mhc.tn.gov.in/judis

¶74

6/7

¶75

SA(MD). No.475 of 2005

¶76

+1 CC to M/s.R.DEVARAJ, Advocate ( SR-1224 dated 06/01/2023 )

¶77

+1 CC to M/s.A.SIVAJI, Advocate ( SR-640 dated 05/01/2023 )

¶78

ORDER DATED : 04/01/2023

¶79

==========================

¶80

COMPROMISE DECREE

¶81

==========================

¶82

SA(MD). No.475 of 2005

¶83

Nature of Decree:- Disposing the Second Appeal preferred against the judgment and decree dated 19.01.2005 passed in A.S. No.59 of 2004 by the Principal District Judge, Virudhunagar District at Srivilliputhur reversing the Judgment and Decree dated 05.12.2003 passed in O.S. No.265 of 2001 on the file of the Subordinate Court, Aruppukottai etc., as stated within.

¶84

MK/16.05.2023 7P 7C

¶85

https://www.mhc.tn.gov.in/judis

¶86

7/7

Raju (Died) v. Vadivel

Case brief

What is this about?

What did the court decide?

Raju (Died) v. Vadivel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

Similar cases

S.M.Swamy (*) Died Vs Kathoon Beevi

Thiyagarajan Vs Uthanda Veeraiah

S.Arumuga Velar (Age 64/2011) Vs Jeyapal (Age 49/2011)

V.Kandaswami Vs Vembanna Gounder (Died)

Palaniappan, Vs Mayandi

Pidaran Vs Udaya Kumar