A K NARAYANAN Vs. A K RAMANATHAN

JUDGEMENT

(1.) The plaintiffs 1 to 5 filed a suit against the defendants for declaration that gift deed dated 12.6.2003 executed by A.N. Krishnan in favour of the Defendant No.1 is null and void, liable to be cancelled and for a declaration that the plaintiffs have got one- sixth undivided share, right, title and interest in the schedule property, for delivery of possession of their one-sixth share, directing the Defendant No.1 to pay a sum of Rs.30,000/- by way of mesne profits with interest at 6% and also future mesne profits.

(2.) After trial, the Trial Court did not accept the case of the plaintiffs that the Defendant No.1 playing fraud and misrepresentation on his father got gift deed dated 12.6.2003 executed and it also held that the father A.N. Krishnan was in sound state of mind and healthy when he executed the gift deed and therefore the suit for partition came to be dismissed. Aggrieved by the said Judgment and decree, the plaintiffs have preferred this appeal.

(3.) In the appeal, on 8.6.2016, a compromise petition under Order 23 Rule 3 of CPC is filed which is duly signed by all the parties and the Counsel for the plaintiffs. However, Counsel for the defendants is not a signatory to the compromise.