First appeal in a partition suit was disposed of by the Madras High Court based on a Joint Compromise Memo signed by all parties and counsel. The terms of the memo were made part of the decree with no costs awarded.
First Appeal dismissed; terms of compromise memo form part of the decree.
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.
A.S.(MD) No.99 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.07.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
A.S.(MD) No.99 of 2015 and M.P.(MD) No.1 of 2015
Gandhimadhi ... Appellant/Defendant
Vs.
1.K.Vasanthakumari 2.K.Annalakshmi 3.K.Ambika 4.K.Balaji Sreenivasan ... Respondents/Plaintiffs
[Memo dated 25.07.2024 presented before the Court is recorded to the effect that the name of the 4th respondent is amended vide Court order dated 05.07.2024 made in A.S.(MD) No.99 of 2015]
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[R4 is declared major and his guardianship is discharged vide Court order dated 30.07.2024 made in C.M.P.(MD) No.10101 of 2024 in A.S.(MD) No.99 of 2015]
A.S.(MD) No.99 of 2015
Prayer: Appeal filed under Section 96 of Civil Procedure Code against the judgment and decree dated 28.10.2014 in O.S.No.161 of 2009 on the file of the I Additional District and Sessions Court, Madurai.
For Appellant : Mr.J.Anandkumar For Respondents : Mr.Ashok Menon
JUDGMENT
(Judgment of the Court was delivered by N.Seshasayee, J.)
This appeal arises out of a suit for partition, wherein a preliminary decree passed by the trial Court in O.S.No.161 of 2009 on the file of the I-Additional District and Sessions Court, Madurai, is under challenge. Pendente lite , parties have decided to settle the issue and have now filed a Joint Compromise Memo signed by both the parties as well as by their respective counsel. Now, this Court chooses to dispose of the first appeal in terms of the compromise memo.
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A.S.(MD) No.99 of 2015
(N.S.S., J.) (P.V.M., J.) 30.07.2024 (2/2)
NCC : Yes/No Index : Yes/No Internet : Yes ABR To
The I Additional District and Sessions Court, Madurai.
Page 3 of 4
A.S.(MD) No.99 of 2015
N. SESHASAYEE, J. and P.VADAMALAI, J.
ABR
A.S.(MD) No.99 of 2015
30.07.2024 (2/2)
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1 issue framed by the court
Whether the First Appeal arising from a partition dispute should be disposed of based on a Joint Compromise Memo settled by the parties.
1 provisions across 1 enactments
Gandhimadhi
1. K. Vasanthakumari
2. K. Annalakshmi
3. K. Ambika
4. K. Balaji Sreenivasan
N. Seshasayee
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
