Madras High Court
AS(MD)/282/2026 of R.Najrana Vs Shreen on 16 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
AS(MD) NO. 282 of 2026
{CNR: HCMD010737302026}
Case QR
and
C.M.P.(MD)No.8069 of 2026
1.R.Najrana
2.R.Besmah Gani Ansary
3.R.Zainab Gani Ansary
4.R.Fahd Gani Ansary
... Appellants
(4th appellant is declared as major and the natural guardianship of the 1st appellant is discharged vide order dated 16.09.2026 in C.M.P.(MD)Nos.12995 and 12996 of 2026 in A.S.(MD)No.282 of 2026 by GRSJ & MDSJ)
Vs.
1.Shreen
2.Dhilehi Hjiri
3.Mumtaj Begum
4.The Branch Manager,
Central Bank of India,
No. 22, Pensioner Street,
Dindigul.
5.The Branch Manager,
Central Bank of India,
Cantonment Branch,
Trichy - 1.
6.The Branch Manager,
Indian Bank,
No. 45, Manin Road,
Palakkari, Trichy - 8.
7.Mohamed Iqubal
8.Raviyath
9.Ubayathulla
10.The Sub-Registrar,
Registrar Office, Joint-III,
Trichy - 8.
11.The Sub Registrar,
Registrar Office,
K.Sathanoor,
Trichy- 23.
... Respondents
Prayer : Appeal Suit filed under Section 96 r/w Order 41 Rules 1 and 2
of Civil Procedure Code to set aside the judgment and decree passed in O.S.No.85 of 2023, dated 24.04.2026 on the file of the 1st Additional District Court, Tiruchirappalli insofar as the suit 'C' schedule property alone by allowing this appeal
For Appellants
: Mr.B.Azhagesh
For Respondents : Mr.B.Prabhakar for R1 & R2
Mr.Y.Jagadeesh for R4 & R5
Mr.R.Gowri Shankar for R6
Mrs.K.R.Shivashankari,
Addl. Govt.Pleader for R10 & R11.
No appearance for R7
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JUDGMENT
(By G.R.Swaminathan, J.) The case on hand pertains to the estate of one Rasool Ansary. He passed away on 22.11.2022. He was a twice married person. Following his demise, dispute arose between the two branches. The second wife instituted O.S.No.85 of 2023 on her behalf and the children before the I Additional District Court (PCR), Tiruchirappalli. It was partly decreed on 24.04.2026. The decree was passed in the following terms:- “In the result, the suit is partly decreed. A preliminary decree for partition of the suit schedule properties is hereby passed in favour of the Plaintiffs in respect of the A and B Schedule properties. The Suit A and B Schedule properties are directed to be divided as follows:
(i) 3/48 share to the 1st Plaintiff;
(ii) 7/48 shares each to the 2nd and 3rd Plaintiffs; and
(iii) 14/48 share to the 4th Plaintiff.
(iv) the suit is dismissed in respect of C-Schedule properties.
(v) for further proceedings call on 27.08.2026.
(vi) Considering the relationship and circumstances of the case, the parties bear their own costs.” In respect of the disallowed portion, the plaintiffs have filed this appeal.
2. During the pendency of the appeal, the parties have arrived at a compromise. The parties are present before us. A joint memo of compromise dated 16.09.2026 signed by the parties as well as their respective counsel has been filed before us. The parties have amicably resolved all the outstanding issues.
3. Rasool Ansary had made fixed deposits with Central Bank of India, Dindigul and Trichy Branches and Trichy Branch of Indian Bank. The parties have amicably decided regarding the apportionment of the deposit amounts. As and when, the parties approach the respective banks, the concerned Branch Managers are directed to disburse the deposited amounts to the respective claimants in terms of this decree without insisting on any other formality. We call upon the learned standing counsel to intimate the Branch Managers about this direction.
4. The impugned judgment and decree passed by the Court below are modified and this appeal is disposed of in terms of the joint memo of compromise, dated 16.09.2026. The joint memo of compromise shall form part of the decree. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (M.D.S. J.,) 16.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 18.09.2026. To:
1. The I Additional District Court, Tiruchirappalli.
2. The Sub-Registrar, Registrar Office, Joint-III, Trichy - 8.
3. The Sub Registrar, Registrar Office, K.Sathanoor, Trichy- 23. Copy to: The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.
G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias A.S.(MD)No.282 of 2026
16.09.2026 (2/2)