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C. Baby Vs. C. Kuppusamy & Ors.

[Civil Appeal No(S). 10184/2018 arising from SLP (C) Nos.18781/2017]

KURIAN, J.

1. Leave granted.

2. The appellant and respondent Nos. 1 to 3 belong to the same family. Respondent No.2 is the mother and respondent Nos.1 and 3 are her children. The dispute essentially is on partition. When the parties appeared before us, on 01.10.2018, having sensed an element of settlement, we ascertained from them as to whether they were willing to make an 1 attempt for settlement. Being positive to our query, we requested Mr. S. Nagamuthu, learned senior counsel, to mediate, to which he graciously agreed.

3. Today, it is reported that the parties have amicably settled disputes among them. A Memorandum of Settlement signed by the parties and their respective counsel, on 03.10.2018, is also produced, which is taken on record.

4. This appeal is disposed of in terms of the Memorandum of Settlement, referred to above, which shall form part of this judgment. We direct the Trial Court to dispose of the Suit pending before it, in terms of the Memorandum of Settlement.

5. We record our deep appreciation for the sincere efforts taken by Mr. S. Nagamuthu, learned senior counsel. Though, the learned senior counsel has declined any remuneration, we deem it appropriate to fix an appropriate remuneration to be paid to him. Accordingly, an amount of Rs.2,00,000/- (Rupees Two Lacs) be paid to the learned senior counsel, which shall be shared equally between the parties.

6. Pending applications, if any, shall stand disposed of.

7. There shall be no orders as to costs.

.......................J. [KURIAN JOSEPH]

.......................J. [A.M. KHANWILKAR]

NEW DELHI;

OCTOBER 03, 2018.


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