S.Prakash v. Jeyalakshmi
Case brief
What is this about?
Second appeals S.A.(MD)No.708 of 2012 and S.A.(MD)No.221 of 2013 (with M.P.(MD)No.1 of 2013) disposed of by recording joint compromise memo; court-annexed mediation settlement; partition suit O.S.No.66 of 2005 Additional Sub Court Thanjavur confirmed in A.S.No.5 and A.S.No.6 of 2010 II Additional District Court Thanjavur; Section 100 CPC; sale of suit properties with proceeds divided 60% Shanmugasundaram and 40% Jayalakshmi; four-month sale period extendable; registered release deed fallback; Prakash claims no right or title; joint sale deed execution; no costs; Madras High Court Madurai Bench; Justice P. Vadamalai; judgment dated 24.04.2025.
What did the court decide?
Both second appeals disposed of in terms of the joint mediation compromise recorded as part of the decree: joint sale of all suit properties within four months from the date of the order (period extendable by the parties), sale proceeds divided 60% to Shanmugasundaram and 40% to Jayalakshmi; failing a profitable sale within the stipulated period, mutual allotment of properties to the value of the other party's share (40% to Jayalakshmi by Shanmugasundaram, 60% to Shanmugasundaram by Jayalakshmi) confirmed by separate registered release deeds; joint consultation before sales and joint execution of sale deeds; Prakash claims no right or title in the suit properties and his appeal may be dismissed; no costs; connected M.P.(MD)No.1 of 2013 closed.