The Court decreed two suits (one for Probate under the Indian Succession Act and another for partition and injunction) based on a joint memo of compromise filed by the parties on 19.12.2022.
Suits decreed in terms of the Joint Memo of Compromise entered between the parties.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
TOS.No.5 of 2009 (OP.No.285 of 2008) and TR.CS.No.944 of 2010
CAUSE-TITLE IN TOS.No.5 of 2009 N. Srinivasamurthy ... Plaintiff vs. 1.Pushpalatha @ Latha 2.Kokila 3.Nirmala 4.Suresh 5.Prakash ... Defendants CAUSE-TITLE IN TR.CS.No.944 of 2010
Prayer in TOS.No.5 of 2009 .:- Testamentary Original Suit filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Probate.
Prayer in TR.CS.No.944 of 2010:
The Suit has been filed to pass a decree and Judgment against the defendants.
a) directing partition of the suit property by metes and bounds in equal shares and allot 1/8th shares to the plaintiffs and put in possession of same.
b) grant permanent injunction restraining the 8th defendant, his men, servants or anybody, claiming through him interfering with the collection of rent from the tenants at No.72, Portuguese Church Street, Seven Wells,
Chennai – 600 001 and maintenance of the same by the plaintiff
c) and for costs of the suit.
For Plaintiff : Mr.R.Manimuthu in TOS.No.5/2009 For Defendants ::Mr.A.M.Packianathan Easter for D1 in TOS.No.5/2009 Mr.M.Kamalanathan for D2 & D3 Mr.R.Kamaraj for D4 & D5 For Plaintiff : Mr.A.M.Packianathan Easter in TR.CS.No.944/2010
For Defendants :: Mr.M.Kamalanathan for D1 & D2 in TR.CS.No.944/2010 Mr.Amazar for D3 Mr.R.Kamaraj for D4 & D5
COMMON JUDGMENT
When these matters are taken up today, the learned counsel for the plaintiff and the defendants submitted that the matters have been compromised between the parties. Pursuant to the same, they have filed a Joint Memo of Compromise dated 19.12.2022 which has been duly signed by them and their respective counsel. The said Joint Memo of Compromise is recorded.
of Compromise entered between the parties and the above Joint Memo of Compromise shall form part of the decree. The Court Fee is ordered to be refunded as per law.
07.07.2023
Index:Yes/No Internet:Yes/No gv
A.A.NAKKIRAN,J.
gv
TOS.No.5 of 2009 (OP.No.285 of 2008) and TR.CS.No.944 of 2010
07.07.2023
1 issue framed by the court
Whether the suits filed for grant of Probate and for partition/injunction are to be decreed based on a joint memo of compromise filed by the parties.
1 provisions across 1 enactments
N. Srinivasamurthy
Pushpalatha @ Latha
Pushpalatha @ Latha
Kokila
Nirmala
Suresh
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
