No. 193 of 2014: Civil suit for partition decided via compromise on B-Schedule property between some plaintiffs and defendants; pending claims reserved for later adjudication.
Suit decreed per terms of compromise filed on 03.05.2016 regarding B-Schedule property; remaining claims reserved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.05.2016
CORAM
THE HONOURABLE Dr.JUSTICE S.VIMALA
C.S.No.193 of 2014
.. Plaintiffs
Vs
.. Respondents
2
Prayer:- Civil Suit filed under Order XXXIV read with Order IV, Rule 1 of the Original Side rules (Madras High Court), 1956, read with Order VII, Rule 1 of the code of Civil Procedure, 1908, praying (a) to direct partition of the suit property by metes and bound and according to the convenience of enjoyment and putting the plaintiffs in separate possession of their 5/12th share in the suit property; (b) directing the third and sixth defendants to pay to the plaintiffs the arrears of Rs.48,27,442/- due for the period 29.12.2013 to 13.2.2014; c) directing the third defendant to pay to the plaintiffs, 1/3rd of the additional monthly rent of Rs.50,000/- with effect from 01.4.2014 through T &B Dehgamwala Estate and to direct the defendants to pay to the plaintiffs the cost of the suit.
For Plaintiffs :Mr.P.J.George For Defendants 1,2, 5 to 7 :Mr.S.Vasudevan For Defendants 3 & 4 :Mr.M.Praveenkumar For Defendant 8 :Mr.P.Davood
JUDGMENT
The suit for partition filed by the plaintiffs, (i) claiming 5/12th share in the suit property, (ii) directing the third and sixth defendants to pay the arrears of Rs.48,27,442/-, which is due for the period 29.12.2012 to 13.02.2014; (iii) directing the third defendant to pay 1/3rd of the additional monthly rent of Rs.50,000/with effect from 01.4.2014 through T&B Dehgamwala Estate and (iv) to pay the cost of the suit.
3
4
Schedule property i.e., the surviving claims are left open for adjudication to be decided in the suit.
05.05.2016
ds
5
S.VIMALA,J.
nvsri/ds
CS No.193 of 2014
05.05.2016
Yasmin S. Lehri
Badruddin Mohammedally
S. Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
