IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED: 13.08.2008 CORAM: THE HONOURABLE MR. JUSTICE G.RAJASURIA A.S.No.545 of 1993 and C.M.P.No.1248 of 2008 and C.M.P.No.1305 of 2008 1. Sri Ranganathan 2. Karuppa Gounder (died) 3. Nallammal 4. Chinnammal 5. K.Kaliannan 6. M.Ramasamy 7. Ramayee 8. Amutha 9. Palanivel 10. Sellammal 11. Padma ... Appellants/ Defendants 1 to 5 and 7 (Appellants 7 to 11 brought on record as L.Rs of the deceased 2nd appellant as per order of Court dated 26.03.2003 made in CMP No.21149/2001) Vs. 1. Kaliammal 2. Chellammal 3. Sundaram 4. Muthusamy 5. Mani 6. Kandasamy 7. M/s Indian Printers Marukalampatti Village Velagoundampatti. 8. Lakshmi 9.Dr.Chandran 10. Venkatachalapathy Finance, rep. by its Partner Velagoundempatti. 11. Palaniammal .. Respondents/ Plaintiffs/ Defendants 6,8 to 15 https://hcservices.ecourts.gov.in/hcservices/ Appeal against the judgment and decree of the learned Subordinate Judge, Namakkal in O.S.No.274 of 1988 dated 29.04.1993. For appellants :: Mr.T.R.Rajaraman For R1 :: Mr.P.Thirunavukkarasu For R2 :: Mr.V.K.Natchimuthu For R4,6,7 & 11:: Ms. Pushpa Sathyanarayan JUDGMENT This appeal is focussed as against the judgment and decree dated 29.04.1993 passed by the learned Subordinate Judge, Namakkal, in O.S.No.274 of 1988. For convenience sake, the parties are referred to here under according to their litigative status before the Trial Court. 2. Heard both sides. 3. At the hearing, the first appellant - Sri Ranganathan and the second respondent – Chellammal appeared and they in unison stated that they compromised the matter, whereupon, this Court directed the Deputy Registrar to record the relevant statements of those persons. Accordingly, the statement of those persons were recorded and the compromise was marked as Ex.A.6. It transpired that Sri Ranganathan paid a sum of Rs.2,50,000/- (Two lakhs and fifty thousand only) to Chellammal and a sum of Rs.1,25,000/- (one lakh and twenty five thousand only) to Kaliammal. Chellammal along with Sri Ranganathn appeared and affirmed the said fact, whereas Kaliammal has not appeared. According to the learned counsel on both sides, she is ill, but received the sum of Rs.1,25,000/- (one lakh and twenty five thousand only). It appears that the parties voluntarily entered into the said compromise and as per the recipients, the amount paid by Sri Ranganathan was considered sufficient and they gave up their claim for their shares in the suit properties. 4. I could see that the parties are close relatives. In fact, Sri Ranganathan is the younger brother of Kaliammal and Chellammal. Hence, I could see that in a genuine manner they have entered into the compromise so as to bury the hatchet and live peacefully. Accordingly, the compromise is recorded and the judgment and decree https://hcservices.ecourts.gov.in/hcservices/ of the trial Court are set aside recording the compromise herein and the original suit also shall stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. To 1. The Subordinate Judge, Namakkal 2. The Section Officer VR Section, High Court, Madras. A.S.No.545 of 1993 VM (CO) kk 24/9 https://hcservices.ecourts.gov.in/hcservices/