SELVAM ANTONY MARIE INCORRECTLY MENTIONED IN THE E P SELVAM MARIE Vs. SOWARIDOSS AND JULINE FRANCEUVE

JUDGEMENT

(1.) BY consent, the main civil revision petition itself is taken up for final disposal.

(2.) PETITIONERS are aggrieved by the dismissal of their application filed under Section 47 of the Code of Civil Procedure seeking to declare the final decree passed on 29. 10. 1998 by the Principal District Munsif, Karaikal as inexecutable.

(3.) THE crucial terms of the memorandum of compromise read as follows: 'now, when parties were taking steps to have the properties divided by metes and bounds the parties by mutual agreement have divided the properties in the following manner: (a) Plaintiffs 1 and 2 will take the following properties for their share as per Preliminary Decree.' House in Karaikal (Door No. 11, New No. 160) Item No. 27-1/3 share Item Nos. 11 and 12 (Items 25 and 26) Item Nos. 1, 3, 4, 18 (b) 2nd plaintiff and 4th defendant will take the following properties.' Item No. 27 (1/3 share) Item Nos. 9, 10, 13, 14, 16, 19 Item Nos. 7, 15 (Item 7 & Items 20 to 24) (c) Defendants 4 to 10 will take the following items.' House in Karaikal (Door No. 144, New No. 162) Item No. 27 (1/3 share) Item Nos. 5, 6, 8, 17 Item No. 2 Parties pray that a Final Decree may be passed in terms mentioned above. Parties can possession as per allotment mentioned if they are not already a preliminary decree.' So, it is clear that actual division has also been made.