Allowed

Mrs. Soundaram Krishnan., v. Mr.v.Ramaswamy

Madras HC3 Aug 2023CS/454/2018

Case brief

AI extract

What is this about?

The High Court recorded the terms of a compromise memorandum executed by plaintiffs regarding partition of property and allotment of shares. The court decreed the civil suit in terms of the compromise, noting that the defendants had paid the agreed sum on behalf of all plaintiffs.

What did the court decide?

Civil suit decreed in terms of the compromise memorandum; connected applications closed.

Mrs. Soundaram Krishnan., Vs Mr.v.Ramaswamy — Partition | Madras HC (2023)

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C.S.No.454 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.08.2023

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CORAM

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THE HONOURABLE Ms. JUSTICE R.N.MANJULA

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C.S.No.454 of 2018 and

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A.Nos.2044, 2984 & 2045 of 2022

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Mrs.Soundaram Krishnan (Deceased)

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Mrs.Malini

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K.Sriraman

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Mrs.Revathi Rangarajan (Plaintiffs 2 to 4 are brought on record as legal heirs of deceased plaintiff as per order dated 18.10.2022 passed in A.No.4123/2022)

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... Plaintiffs

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-Vs.-

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Mr.V.Ramaswamy

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Mrs.Ramakrishnan

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Mrs.Geetha Venugopal

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... Defendants

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Prayer : Civil Suit filed under Order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 of CPC, praying to pass a judgment and decree:

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a) Directing the defendants to effect partition by metes and bounds the property described fully in the schedule hereunder and allot 1/4^th share to the plaintiff;

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b) Directing the defendants to pay to the plaintiff the costs of this suit;

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and

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https://www.mhc.tn.gov.in/judis 1/5

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1/5

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C.S.No.454 of 2018

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https://www.mhc.tn.gov.in/judis 2/5

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C.S.No.454 of 2018

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c) granting such further or other reliefs as this Hon'ble Court may deem fit and proper under the circumstances of the case and thus render justice.

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For Plaintiffs : Mr.R.Murugan For Defendants : Ms.Vasudha Thiagarajan *****

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J U D G M E N T

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The 4^th plaintiff, who is residing in USA had executed a General Power

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of attorney in favour of the 2^nd plaintiff to sign, verify the affidavit and Memorandum of Compromise in respect of the share of the 4^th plaintiff in the suit property. The General Power of Attorney executed by the 4^th plaintiff has been produced before this Court. The Memorandum of compromise has been filed. When enquired, the parties signed the Memorandum of compromise after accepting to its contents.

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It is stated that the 2^nd plaintiff has received money in view of the shares for the plaintiffs to the tune of Rs.70,00,000/- as seen in the Memorandum of compromise executed by the plaintiffs and the entire amount is said to have been settled. The terms of compromise settled between the parties for the above settlement is produced as document.

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https://www.mhc.tn.gov.in/judis 3/5

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C.S.No.454 of 2018

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Since the 2^nd plaintiff has received the payment on behalf of all the

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plaintiffs and the plaintiffs 3 & 4 do not deny the same, I feel the terms of memorandum of compromise can be recorded. The 3^rd plaintiff, who is present before this Court, has also stated that it is the 2^nd plaintiff, who had received the money on behalf of the plaintiffs 3 & 4. Hence, the terms of compromise is recorded.

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Accordingly, the Civil Suit in CS.No.454 of 2018 is decreed in terms

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of compromise and the terms of compromise shall form part of the decree. Consequently, connected Applications are closed.

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03.08.2023

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Index: Yes/No Speaking Order : Yes/No Neutral Citation Case: Yes/No

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kmi

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The Sub-Assistant Registrar, Original Side, High Court, Madras.

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Record Keeper, Original Side Records Section, High Court, Madras.

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https://www.mhc.tn.gov.in/judis 4/5

C.S.No.454 of 2018

R.N.MANJULA, J.

kmi

C.S.No.454 of 2018

03.08.2023

https://www.mhc.tn.gov.in/judis 5/5

Mrs. Soundaram Krishnan., v. Mr.v.Ramaswamy

Case brief

What is this about?

What did the court decide?

Mrs. Soundaram Krishnan., v. Mr.v.Ramaswamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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