The High Court of Madras disposed of a suit for partition brought under the Code of Civil Procedure. The parties settled the dispute through a mediator, and the Court passed a final decree based on the filed Memorandum of Compromise, directing the refund of court fees.
Final decree based on Memorandum of Compromise signed by parties; Court fee refunded to plaintiff.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No. 108 of 2019
N.Balaraman
..Plaintiff
Vs.
1.S.Adilakshmi
2.N.Ramachandran
3.K.Chandra Gopal
4.K.Rajasekar
5.K.Palani
6.K.Sathyamoorthy
7.K.Senthil Vela
8.K.Divakar
9.S.Jayanthi
10.G.Rajalakshmi
11.G.Veeramani
12.Gayathri
13.Sangeetha
14.The Sub-Registrar,
Mylapore, Santhome High Road,
Chennai – 600 004.
..Defendants
Prayer: Plaint filed under Order IV Rule 1 of Original Side rules r/w. Order VII Rule 1 of the Code of Civil Procedure praying for directing partition of the properties morefully described in the Schedule Item No.1 to 4 properties hereunder by metes and bound and allot 1/4th separate share to the plaintiff and to direct the defendants 1 and 2 to furnish the true and proper statement of accounts from the year 1975 till date in respect of the schedule Item No.4 of the property and for costs.
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R.SUBRAMANIAN, J.
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For Plaintiff : Mr.M.Kempraj For Defendants : Mr.S.Stanley John for D1 & D2 Mr.R.N.Amarnath for D3, D4 and D9 Mr.R.Narayanan for D5 to D8 & D10 to D13
O R D E R This suit being one for partition was referred for mediation. The parties have arrived at a settlement before the Mediator. The Memorandum of Compromise evidencing such settlement signed by the parties as well as their respective counsels has been filed. There will be a final decree, in terms of compromise. The Memorandum of Compromise shall form part of the decree. The Court fee paid on the plaint is directed to be refunded to the plaintiff.
08.08.2019
kkn
C.S.No. 108 of 2019
1 issue framed by the court
Whether to pass a final decree following a compromise settlement in a suit for partition of properties.
2 provisions across 1 enactments
S.Adilakshmi
N.Ramachandran
K.Chandra Gopal
K.Rajasekar
K.Palani
K.Sathyamoorthy
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
