SENTHILNATHAN Vs. S KARUPPIAH

JUDGEMENT

(1.) Heard both sides

(2.) The first Defendant in O.S. No. 144 of 1989, on the file of the Sub Court, Sivagangai, is the revision Petitioner herein.

(3.) O.S. No. l44 of 1989 was filed by the 1st Respondent herein against the revision Petitioner and 5 others, for partition of the properties mentioned in the suit. During trial, an endorsement was made by the Plaintiff's counsel on 08.03.1991 exonerating the Defendants 3 to 6 from the array of parties and a memo of compromise was filed on the same day by the Plaintiff and the Defendants 1 and 2 and it was prayed that decree may be passed in terms of the compromise. It is seen from terms of compromise that certain properties were allotted to the Plaintiff, the 1st Respondent herein and certain properties were allotted to the first Defendant, the revision Petitioner herein and the suit was not pressed in respect of schedule C D & F and the Plaintiff and Defendants 1 and 2 shall enjoy jointly amount mentioned in the 'E' schedule. The Defendants 2 to 6 are the sisters of the Plaintiff and the first Defendant and on the basis of the memo of compromise an order was passed by the court on 08.03.1999 as follows: