M. Banan Aazmi Vs J. Saffia (Died) 1. Aneesha

PRAYER in AS No. 609 of 2025: Appeal filed under Section 96 of the Code of Civil Procedure to set aside the preliminary decree and Judgment of the Trial court in O.S.No. 115 of 2017 on the file of Principle District Court Kanchipuram dated 30.08.2024 partially excepting the appellant’s share in the properties.

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PRAYER in AS No. 471 of 2026: Appeal filed under Section 96 r/w Rule Order 41 Rule 1 of the Code of Civil Procedure to set aside the Judgment and Decree in O.S.No.115 of 2017 dated 30.08.2024 on the file of the Principal District and Sessions Court, Kanchipuram in so far as granting of 12/24 share in item Nos.I, II, III, IV(a), IV(b) and V of A-schedule, Toyotta Innova Car bearing Reg.No.TN-21-AK-0009 of C-Schedule, Item Nos. 2 and 3 Policies benefits of D-Schedule, to the respondent herein and allow the appeal as prayed for.

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AS No. 471 of 2026

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For Appellant(s): Mr.S.Bhargavan For Respondent(s): M/s.P.Srividhya

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AS No. 609 of 2025

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For Appellant(s): M/s.P.Srividhya For Respondent(s): Mr.S.Bhargavan

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AS No. 609 of 2025

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COMMON JUDGMENT

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(Judgment of the Court was delivered by C.V.Karthikeyan J.)

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The appellant in A.S.No.609 of 2025 had filed OS No.115 of 2017, on the file of the Principal District Court at Kancheepuram seeking partition and separate possession of ½ share in the suit schedule properties. Further there were six defendants in the suit. Pending suit, the first defendant died, but her legal representatives were already on record. The 5^th and 6^th defendants were subsequently impleaded. By judgment dated 30.08.2024, the suit was decreed in part.

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2.Questioning the said decree, the plaintiff has filed as stated above AS No.609 of 2025 and the defendants have filed AS No.471 of 2026.

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3.Pending appeals, both appellant and the respondents have entered into a memorandum of compromise on 21.04.2026 signed by all of them and also by their counsels. The original memorandum of compromise has been presented in Court today. The appellant and the respondents in A.S.No.609 of 2025 who are also parties in A.S.No.471 of 2026 are also present. They were all explained the terms of the compromise and they agreed to the terms of the compromise and affirmed the terms of the compromise.

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AS No. 609 of 2025

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4.In accordance with the terms of the compromise, the appellant in AS

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No.609 of 2025 was to be paid a sum of Rs.50,00,000/-(Rupees Fifty Lakhs Only) and the same has been paid by way of four separate demand drafts which had also been described and stated in the memo of compromise. Demand drafts have been handed over in the Court to the appellant in AS No.609 of 2025.

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5.In view of the same, both the appeals are decreed in terms of the memorandum of compromise. The memorandum of compromise dated 21.04.2026 shall form part of the decree. The scanned copy of the memorandum of compromise is annexed to this judgment.

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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AS No. 609 of 2025

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6.It is also noted that in A.S.No.609 of 2025, CMP No.25793 of 2025 had

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been filed to receive the certified copy of the sale deed dated 21.12.2022 registered as document No.1860 of 2022 on the file of the SRO, Damal, Kancheepuram as an additional evidence executed by the second respondent in A.S.No.609 of 2025/Sarala devi in favour of the fourth respondent in A.S.No.609 of 2025. This property is now conveyed to the appellant in A.S.No.609 of 2025. This decree may be registered by the parties to effect transfer of title to the appellant in A.S.No.609 of 2025. CMP No.25793 of 2025 is allowed and certified copy of the sale deed dated 21.12.2022 is taken on record as Ex.B21.

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Ex.B21 21.12.2022 Certified copy of the sale deed in favour of Mohammed Brufee Meeran by Sarala devi document No.1860 of 2022

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7.The appeals are decreed in terms of the joint memorandum of

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compromise. No costs. Consequently, connected miscellaneous petitions, if any, are also closed.

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(C.V.K.,J.) (K.R.S.,J.) 21-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sli

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To