BALAGURUSAMY Vs. RAMANATHAN

JUDGEMENT

(1.) The above Review Petition arises out of an order passed in C.R.P.NPD(MD)No.2753 of 2012 dated 31.03.2015, wherein, the order made in I.A.No.34 of 2001 on the file of the Sub Court, Kumbakonam filed under Rule 12 of the Scheme decree and Section 151 C.P.C was confirmed.

(2.) The issue in the interlocutory application in I.A.No.34 of 2001 was with respect to management of a School by two factions of the same family. The management of the School was to be done by rotation between Udayar and Iyer families. The issue in dispute is on a narrow compass. Earlier, there was a C.R.P.No.152/1988, in which, an order was passed on 07.07.1988. The said order was passed based on a Memo of Compromise entered into between the parties of the aforesaid families and pursuant to the same, the scheme decree passed earlier was amended.

(3.) Now, the dispute is with respect to Udayar Family only. The Udayar family consisted of five branches (i) Ramabadhra Udayar Branch (ii) Gopalasamy Udayar Branch (iii) Balagurusamy Udayar Branch (iv) Swaminatha Udayar Branch and (v) Balakrishna Udayar Branch. For better understanding, the terms of Memo of Compromise are extracted hereunder: