T.O.S. No.14 of 2014 & Tr.C.S. No.35 of

2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2023

CORAM : JUSTICE N.SESHASAYEE

T.O.S. No.14 of 2014 and

Tr. C.S. No.35 of 2023

T.O.S. No.14 of 2014

B.Vignesh

... Plaintiff

Vs.

B.Srividhya

... Defendant

Prayer: Testamentary Original Suit filed under Sections 232 and 276 of the

Indian Succession Act XXXIX of 1925 for the grant of Letters of

Administration.

For Plaintiff

: Mr.Francis Cedric D'Cruz

For Defendants

: Mr.V.Anand

Tr.C.S. No.35 of 2023

(O.S. No.65 of 2011 on the file of Sub Court, Pollachi)

B.Srividhya

... Plaintiff

Vs.

________

Page 1/6

https://www.mhc.tn.gov.in/judis

T.O.S. No.14 of 2014 & Tr.C.S. No.35 of

2023

1.Raja Rajeswari

2.Vignesh

... Defendants

Prayer: The Civil Suit has been filed under Order VII Rule 1 CPC praying

(a) for a preliminary decree for partition of the suit schedule properties in to

three equal shares and allotment of one such share to the plaintiff by metes

and bound and put the plaintiff into separate possession thereof; (b) for

appointment of an Advocate Commissioner to divide the suit properties into

three equal shares by metes and bounds and allotment of one such share to

the plaintiff and separate possession and pass a final decree; (c) for a

permanent injunction restraining the defendants, their men, agents, servants

and anyone claiming through them from alienating or encumbering the

plaintiff's share in the suit schedule mentioned properties and (d) for costs of

the suit.

For Plaintiffs : Mr.V.Anand

For Defendants : Mr.Francis Cedric D'Cruz

COMMON JUDGMENT

There are two suits. One is a testamentary original suit in T.O.S. No.14 of

2014 for grant of Letters of Administration and the other is a civil suit in

Tr. C.S. No.35 of 2023 (transferred from the file of Sub Court, Pollachi in

________

Page 2/6

https://www.mhc.tn.gov.in/judis

T.O.S. No.14 of 2014 & Tr.C.S. No.35 of

2023

O.S. No.65 of 2011) laid for partition and separate possession, wherein the

defendants have resisted the suit, based on the Will involved in the

testamentary original suit.

2. Be that as it may, the parties have amicably settled the matter and they

have also filed a Joint Memo of Compromise duly signed by the parties and

their respective counsel. In terms of the compromise, the plaintiff in T.O.S.

No.14 of 2014 is giving up his interest under the Will and consequently, the

suit in T.O.S. No.14 of 2014 is withdrawn by the plaintiff therein.

3. Turning to Tr.C.S. No.35 of 2023, the same is compromised in terms of

the Memo of Compromise. The parties and their counsel appeared before the

court and upon interviewing them, this court is satisfied as to the

genuineness of the execution of the Compromise Memo and also the legality

of the same.

________

Page 3/6

https://www.mhc.tn.gov.in/judis

T.O.S. No.14 of 2014 & Tr.C.S. No.35 of

2023

4. Accordingly Tr.C.S. No.35 of 2023 is decreed, based on the terms of the

Joint Memo of Compromise. T.O.S. No.14 of 2014 is dismissed as not

pressed. No costs. The Joint Memo of Compromise shall form part of the

decree. Registry is required to refund the court fee, if any refundable, as per

rules.

01.03.2023

Asr

________

Page 4/6

https://www.mhc.tn.gov.in/judis

T.O.S. No.14 of 2014 & Tr.C.S. No.35 of

2023

N.SESHASAYEE, J.

Asr

T.O.S. No.14 of 2014

and Tr.C.S.No.35 of 2023

________

Page 5/6

https://www.mhc.tn.gov.in/judis

T.O.S. No.14 of 2014 & Tr.C.S. No.35 of

2023

01.03.2023

________

Page 6/6

https://www.mhc.tn.gov.in/judis