THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE N.AUTHINATHAN
1. Kesava Perumal A.S.No.440 of 2014, Cross Objection No.106 of 2014 and C.M.P.No.440 of 2017
2. K.Dhanalakshmi .. Appellants Vs
1. Alamelu Mangai 2.P.Senguttuvan
3. D.Aarumugam .. Respondents Prayer:- This Appeal has been filed under Section 96 C.P.C., against the judgment and decree of the learned First Additional District Judge, Cuddalore in O.S.No.20/2012 dated 28.03.2013.
For Appellant : Mr.K.Azhagu Raman For R.1 : Mrs.R.Meenal For RR2 & 3 : No Appearance
JUDGEMENT
(Judgment of the Court was delivered by S.Nagamuthu.J) The appellants herein are the defendants 1 and 2 in O.S.No.20 of 2012 on the file of the learned First Additional District Judge, Cuddalore. The first respondent is the plaintiff in the suit and the respondents 2 & 3 are the defendants 3 & 4 in the suit. The first respondent filed the said suit for partition, separate possession and for allotment of her share in the suit properties. The suit was decreed as prayed for. As against the same, the appellants who are the defendants 1 & 2 have come up with this First Appeal. The defendants 2 & 3 are the purchasers of a portion of the suit property from the first appellant/first defendant. The first respondent filed Cross Objection No.106 of 2014.
2. During the pendency of this appeal, the matter was referred by this Court for mediation. The Assistant Registrar of the Tamil Nadu Mediation and Conciliation Centre, Madras has submitted a mediation report before this Court under File No.246/2016 dated 26.04.2016. A perusal of the report shows that before the Mediation and Conciliation Centre, the appellants and the first respondent appeared and settled the issues between them. To mark the said compromise reached between the parties, a memorandum of understanding has been entered into between the appellants and the first respondent. The same has also been enclosed along with the report of the Mediation Centre.
3. When that be so, now, the appellants have filed C.M.P.No.440 of 2017 requesting this Court to record the memorandum signed by the appellants and the first respondent and to pass a final decree in this First Appeal.
4. Today, when the matter is taken up for hearing, the appellants appeared along with their learned counsel. The first respondent also appeared along with her counsel. The respondents 2 & 3 have not made appearance as the properties purchased by them have not been included in the compromise. The parties are before us. On enquiry, they have informed that a compromise has been reached between them voluntarily and they have agreed for the said compromise. We are satisfied with the fact that the compromise is real and therefore, we are inclined to accept the same and to pass final decree in accordance with the compromise and in accordance with the memorandum of understanding. Hence, we are inclined to allow C.M.P.No.440 of 2017 and the present First Appeal.
5. In the result, C.M.P.No.440 of 2017 is allowed; the First Appeal in A.S.No.440 of 2014 is allowed; Cross Objection No.106 of 2014 is dismissed; the decree and judgment of the trial Court is modified and there shall be a decree in terms of the memorandum of understanding dated 26.04.2016. The said memorandum of understanding shall form part of the decree. There shall be no order as to costs.
jbm Index: Yes/No To The First Additional District Judge, Cuddalore.
(S.N.J.,) (N.A.N.J.,) 10.01.2017
S.NAGAMUTHU.J.,
AND N.AUTHINATHAN.J.,
jbm
A.S.No.440 of 2014
10.01.2017 http://www.judis.nic.in