Suhitha Bhagwan v. R.M. Ratanlal(Died)

JUDGMENT [Judgment of the Court was delivered by C.V. KARTHIKEYAN, J] The appellants and the respondents are close relatives. The suit in O.S.No.3319 of 2019 had been filed seeking recovery of possession of the first floor portion of the suit schedule property. The suit had been decreed. The Defendants 2 to 4 have filed the above appeals. Pending appeals, they had also deposited the monthly rental income received to the credit of the suit. The first appellant died. A memo has now been filed to record the death of the first appellant and also to recognize that second and third appellants are already on record as her legal representatives. The first respondent also died and her legal heirs have already been brought on record.

¶2Exercising much prudence, the parties have taken a conscious decision to enter into a compromise by which the appellants have vacated the premises and have handed over the keys of the premises in the Court to the respondents herein, who also received the same. The parties have also reduced in writing the terms of compromise into Memorandum of Joint Compromise, which has been signed by the two appellants, three respondents and also by the learned counsels and dated 10.06.2026. The Memorandum of Joint Compromise is extracted hereunder:

¶3Both the appeals stand disposed of in terms of the Memorandum of Joint Compromise. The Memorandum of Joint Compromise shall form part of the decree. Since the parties have entered into compromise and settled the matter out of Court, the appellants are entitled for refund of Court fees as per the Rules. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. [C.V.K., J] [K.R.S., J]

11.06.2026

Index: Yes/No gpa To

¶1The XVIII Additional City Civil Court Chennai

¶2The Section Officer VR Section Madras High Court A.S.Nos.163oando165oofo2022 oC.V.oKARTHIKEYANoo,oJo and oK.RAJASEKARoo,oJo gpa A.S.Nos.163oando165oofo2022

11.06.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.06.2026 CORAM THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR & C.M.P.Nos.5871, 5875, 9433 and 9434 of 2022 1. Mrs.Suhitha Bhagwan (died) 2. Mr.Amit Bhagwan 3. Mr.Ajith Bhagwan ... Appellants in both appeals vs. 1. Mr.R.M.Ratanlal (Died) 2. Renu Mahbubani 3. Mrs.Karishma Mahbubani 4. Lavina Mahbubani ... Respondents in both appeals [Sole Respondent died. R2 to R4 are brought on record as LRS of deceased sole respondent vide court order dated 27.04.2026 made in C.M.P.No.10515 of 2026 in A.S.No.165 of 2022] [First respondent died. Respondents 2 and 3 are already on record as per memo dated 11.06.2026] Prayer in A.S.No.163 of 2022: Appeal filed under Section 96 of CPC read with Order XLI Rules 1 and 2 of CPC against the judgment and decree dated 31.10.2019 made in O.S.No.3319 of 2019 on the file of XVIII Additional City Civil Court at Chennai. Prayer in A.S.No.165 of 2022: Appeal filed under Section 96 of CPC read with Order XLI Rules 1 and 2 of CPC to set aside the judgment and decree dated 31.10.2019 made in counter claim in O.S.No.3319 of 2019 (C.S.No.434 of 2004) on the file of XVIII Additional City Civil Court at Chennai. For Appellants : Mr.Thomas T Jacob For Respondents : R1 - Died Mr.P.Seshadri for R2 to R4