IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 17.12.2025 Coram:

The Honourable Mrs.Justice T.V.THAMILSELVI S.A.No.881 of 2021 and C.M.P.No.16725 of 2021

1.S.Senthil @ Senthil Kumar

2.S.Sangeetha ...Appellants Versus

1.S.Chandramohan

2.Megala ...Respondents Prayer: This Second Appeal is filed under Section 100 of C.P.C praying to set aside the Judgment and Decree dated 29.10.2020 made in A.S.No.5 of 2020 on the file of Additional District Judge, Dharmapuri in partly modifying the Judgment and Decree dated 19.12.2019 made in O.S.No.64 of 2011 on the file of Principal Subordinate Court, Dharmapuri and to allow the Second Appeal.

For Appellants : Mr.C.Prabakaran For Respondent – 1 : Mr.Arun Anbumani For Respondent – 2 : Mr.D.Rajalakshmi

JUDGMENT

This Second Appeal has been preferred by the Appellants/Defendants

4 & 5 seeking to set aside the Judgment and Decree dated 29.10.2020 in A.S.No.5 of 2020 passed by the learned Additional District Judge, Dharmapuri, partly modifying the Judgment and Decree dated 19.12.2019 in O.S.No.64 of 2011 passed by the learned Principal Subordinate Judge, Dharmapuri.

2. Today, the learned counsel on either side submitted in unison that the dispute between the parties has been amicably settled and the parties have entered into a Joint Memorandum of Compromise dated 17.12.2025. They further submitted that as per Clause 6 of the said Joint Memorandum of Compromise, Appellants and Respondents are at liberty to obtain Patta and to mutate the revenue records in their names in respect of the properties allotted to them. The learned counsels have produced the Joint Memorandum of Compromise dated 17.12.2025 signed by both the parties before this Court and prayed that, this Second Appeal may be disposed of in terms of said Joint Memorandum of Compromise.

3. The Joint Memorandum of Compromise dated 17.12.2025 reads as follows:

“JOINT MEMORANDUM OF COMPROMISE FILED BY THE APPELLANTS AND RESPONDENTS

1. The Appellants and the Respondents herein (hereinafter also jointly referred to as ‘Parties’) submit that the 2^nd Respondent herein had filed the Suit in O.S.No.64 of 2011 before the learned Subordinate Judge, Dharmapuri seeking for the relief of partition of her ¼ share with separate possession in A, B & C Schedule properties in the suit for a declaration that the Will dated 21.05.1997 registered as Document No.32/111B/1997 on the file of Joint-II, Sub-Registrar, Dharmapuri as null and void and also for mesne profit Order XX Rule 12 of C.P.C. The Appellants herein were arrayed as Defendant Nos.4 and 5 and the 1^st Respondent herein was arrayed as the 1^st Defendant in the said suit.

2. The said suit was decreed by a Decree and Judgment dated

19.12.2019. Aggrieved over the same, the 1^st Respondent herein preferred an Appeal in A.S.No.5 of 2020 before the learned Additional District Judge, Dharmapuri. The said Appeal was allowed in part by a Decree and Judgment dated 29.10.2020. Aggrieved over the same, the Appellants herein have preferred the above Second Appeal.

3. During the pendency of the said Second Appeal, the Appellants and the Respondents herein have discussed and deliberated their rival claims in the presence of well-wishers of both sides and agreed to amicably settle their disputes. Accordingly, they have arrived at and accepted the following terms of joint memorandum of compromise.

4. The suit schedules A & C described properties (being vacant lands measuring an extent of 1.16 Acres in S.No.547/1 together with a Well and 73 cents in S.No.547/1, an extent of 24 cents in S.No.547/1 and an extent of 24 cents and 31 cents in S.No.547/1A are clubbed together and the same are divided/partitioned amongst the Appellants and the Respondents herein as per their agreed terms and the properties so allotted to the respective Parties herein are accordingly described as Schedules A to F in this Joint Memorandum of Compromise. The S.Nos. of the above referred vacant lands were subsequently sub-divided and accordingly, the sub-divided S