The Hon'ble Mr.Justice N.AUTHINATHAN Civil Misvellaneous Appeal No.3758 of 2005 and C.M.P.Nos.18825 of 2005 and 18826 of 2005
1. Mrs.S.M.Lakshmi
2. S.Umamaheswaran ..Appellants Vs
1. Tmt.S.Padmapriya
2. The Manager, Indian Overseas Bank, East Mada Street, Chennai 600 004.
3. The Manager, I.O.B. Mylapore, Chennai 600 004.
4. The Branch Manager, Bharath Ovearseas Bank Ltd., Mylapore, Chennai 600 004.
5. The Manager, Karur Vysya Bank, Mylapore, Chennai - 4. ..Respondents Civil Miscellaneous Appeal has been filed under Order XLIII Rule 1 of the Code of Civil Procedure against the fair and decretal order dated 26.09.2005 passed in I.A.No.11996 of 2005 in O.S.No.3973 of 2005 on the file of the learned VI Additional Judge, City Civil Court, Chennai.
For Appellant : Mr.T.N.Rajagopalan For Respondents : Mr.Sarfudeen Ali Ahamed for R.1 - - - - - JUDGMENT This civil miscellaneous appeal has been filed against the fair and decretal order dated 26.09.2005 passed in I.A.No.11996 of 2005 in O.S.No.3973 of 2005 by the learned VI Additional Judge, City Civil Court, Chennai.
2. It is seen from the records that at the request of both parties, the matter was referred to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, Chennai 600 104 for settling the disputes amicably.
3. Now, it is represented by the learned counsel for both sides that parties have arrived at an amicable settlement. They have filed the Joint memo of compromise entered into between the appellants and the first respondent dated 04.10.2017 and they prayed for an order in terms of that Compromise memo.
follows:
4. The terms of the Joint Memo of Compromise is as "Both the appellants and first respondent are agreed that the amounts lying in the various bank accounts with interest in the name of the first appellant and first respondent individual or jointly shall be divided into three parts and the appellants and the first respondent shall take 1/3 each except the pension account of the first appellant Mrs.S.M.Lakshmi.
2. Both appellants and the first respondent have agreed to settle the property bearing Door No.A 79, Valliappan Chettiyar Voorani, Devakottai Town, Sivaganga District measuring an extent of 2184 Sq.ft in favour of the second appellant and the first respondent shall retain the property absolutely with full power of alienation bearing Plot No.410, Sri Meenakshi Nagar, Veerapanchan Village, Sivagangai Road, Madurai District measuring about 2388 sq.ft. The said process shall be completed within one month from the date of signing this joint compromise memo.
3. Both the appellants shall pay a sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand Only) to the first respondent at the time of execution of the settlement deed by the first respondent towards equalisation, since the property situated at Devakottai is more valuable than the property situated at Madurai.
4. The respondent agreed to claim her 1/3 undivided share in the suit property bearing Old No.28, New No.18, Devadi Street, Mylapore, Chennai 600 004 after the lifetime of the first appellant.
5. The first appellant is at liberty to settle her 1/3 undivided share in the suit property in favour of any temple only. In case, first appellant is not settling her share to the temple, the first appellant or beneficiary of settlement shall pay a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the first respondent (S.Padma Priya) at the time of disposing the suit property.
6. Both the appellants and 1st respondent shall declare that there is no further claim against each other.
7. That the parties hereto do hereby declare and confirm that the memorandum of compromise under these presents does not amount to any collusion on their part, and they do hereby further and once again declare and confirm that they sincerely enter into and execute this memorandum of compromise only with their full consent and knowledge."
5. The Joint Memo of Compromise dated 04.10.2017 is placed on record and the civil miscellaneous appeal is disposed of in terms of the said Joint Memo of Compromise. No costs. Consequently, connected miscellaneous petitions are closed. The said Joint Memo of Compromise shall form part of the decree.
28.11.2017 Index:Yes/No Internet:Yes/No Office to Note:
Issue order copy on 04.12.2017 To
1. The Registrar, City Civil Court, Chennai 104.
2. The Manager, Indian Overseas Bank, East Mada Street, Chennai 600 004.
3. The Manager, I.O.B. Mylapore, Chennai 600 004.
4. The Branch Manager, Bharath Ovearseas Bank Ltd., Mylapore, Chennai 600 004.
5. The Manager, Karur Vysya Bank, Mylapore, Chennai - 4.
6. The Section Officer, V.R.Section, High Court, Madras 104.
N.AUTHINATHAN, J cla C.M.A.No.3758 of 2005 28.11.2017