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2013 Supreme(Mad) 701

R.BANUMATHI, K.K.SASIDHARAN
K. M. Ramanathan – Appellant
Versus
Rengasamy – Respondent


Advocates Appeared:
For the Petitioners:K. Duraisami, Senior Counsel for Muthumani Duraisami, R. Kannan, Advocates.
For the Respondents:R1, Hema Sampath, Senior Counsel for K. Kalyanasundaram, R4, P. Balaji, R13 to R19, P.T. Asha for Sarvabhavuman Associates, Advocates, R3, Died, R5 to R24, Given Up.

JUDGMENT

K.K. Sasidharan, J.

1. Whether in the absence of an agreement in writing, signed by all the parties, compromise of a Suit can be effected, leading to a compromise decree, is the core issue that arise for consideration in these two Review Applications.

Review ApplicationNo.145 of 2007:

2. The Second Respondent Mrs. Palaniammal, filed a Suit in O.S.No.766 of 1981 before the learned Principal Subordinate Court, Coimbatore, praying for a decree of partition, to divide the properties mentioned in “A” & “B” schedules into four equal shares and to allot one share to her with separate possession and enjoyment. According to the Second Respondent, the property originally belonged to her father Viyapuri Naicker and he died intestate in the year 1959 and he was survived by her, besides his widow and Respondent 2 & 3 and her brother Rangasami, the First Respondent in the Review Petition. The First Respondent being the eldest son and the only male member of the family, was helping and assisting the mother. He was looking after the agricultural operations and on account of his position as the sole male member of the family, the sisters had complete faith in him. According to the Second R





















































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