J. Vasantha Jayanantharaj and Others vs Jayaramadas

R. Banumathi, J.—Being aggrieved by the preliminary decree for partition in O.S. No. 841 of 1995 filed on the file of the Principal Subordinate Court, Madurai directing division of the suit properties into two shares allotting one share to the Plaintiff, the unsuccessful Defendants have filed this Appeal.

Stating that they have entered into a Compromise, the parties have filed a Joint Memo of Compromise.

On being mentioned by the learned Counsel appearing for the Appellants, the matter was taken up by a special list at 2.15 p.m.,.

The Appellants as well as the Respondent/Plaintiff are present in the Court. Insofar as the minor Defendant No. 8, viz., Minor Simaran Ram Victor, he/she is represented by their guardian and mother, J. Vasantha Jayanantharaj. By order in M.P.(MD) No. 3 of 2010, we have permitted the first Appellant to enter into Compromise on behalf of the minor.

In the Open Court, all the parties have stated that they have voluntarily and willingly settled the matter. All of them have stated that they have understood the terms of Compromise and stated that the judgment passed by the trial Court in O.S. No. 841 of 1995 can be set aside and the suit can be decreed in terms of the Memo of Compromise dated 22.4.2010. The Memo of Compromise dated 22.4.2010 is recorded.

The judgment and Decree of the Trial Court in O.S. No. 841 of 1995 dated 20.1.2003 is set aside and the Suit is decreed in terms of the Memo of Compromise dated 22.4.2010, which shall form part of the Decree. Since the parties have compromised the matter final, decree is also passed in terms of Memo of Compromise. Accordingly, the Appeal is disposed of. Connected Miscellaneous Petitions are closed. No costs.