In a suit for declaration of ownership, partition, and possession of properties, the parties, after mediation, successfully arrived at a settlement. The court decreed the suit in terms of the settlement agreement dated 21.02.2024.
Suit decreed in terms of the Settlement Agreement dated 21.02.2024.
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C.S.No.879 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2024
CORAM
THE HONOURABLE MR. JUSTICE P.B.BALAJI
C.S. No.879 of 2001
Mr.A.C. Buhari alias Abdul Cader Buhari
...Plaintiff
Vs.
1.M.Farook Buhari 2.Haja Mohideen Buhari (Deceased) 3.Mr.Zubaida Hameed 4.Mrs.Maimoon Jamal Buhari 5.Mrs.Mumtaz Buhari 6.Thahira Begam 7.Haja Basheer 8.Anwar Mured 9.Imtiaz 10.Shamsheer 11.Fazalath 12.Jabeen 13.Farzana 14.Zeenath Munofara 15.R.Shanara 16.M/s.Buhari Sons Pvt. Ltd., 17.Administrator General and Official Trustee of Madras. 18.Mrs. Nathira Haj Buhari 19.Jahanara Begum 20.Suthi Asiqu Buhari 21.Nawaz Buhari (Defendants 18 to 21 are impleaded as per the order dated 05.03.2003)
...Defendants
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PRAYER: The Plaint filed under Order IV Rule 1 of High Court Original Side Rules read with Order VII Rule 1 of CPC praying to pass a judgment and decree against the defendants:-
(1) Declare that the plaintiff is the absolute owner of the properties described in 'C' schedule and consequential injunction restraining the defendants 1 & 7 to 11 from interfering with his lawful possession of 'C' schedule properties.
(2) For partition and separate possession and plaintiff's 2/9th share in the A schedule properties according to Mohammedan Law and put the plaintiff in separate possession of his 2/9th share in 'A' schedule as co-owner in joint possession in 'A' schedule property.
(3) Partition and separate possession of plaintiff's 2/9th share in 'B' schedule property and put him in separate possession of his 2/9th share in 'B' schedule properties and he is in possession as a co-owner as per Mohammedan Law.
(4) To direct the defendants 1, 7 to 10 to render accounts in respect of 'A' & 'B' schedule properties ever since the death of A.M.Buhari and pay the plaintiff's 2/9th share in the 'A' & 'B' schedule properties till the plaintiff is put in possession of his lawful share.
(5) To appoint an Advocate Commissioner to take an investory of all the properties (i.e.) buildings and business in respect of 'A' & 'B' schedule properties and seize all accounts and documents in Business places described in 'A' and 'B' schedule and to ascertain the rental income derived from properties described in 'A' & 'B' schedule.
(6) To appoint a receiver to take possession of business & Buildings
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and collect day to day income and deposit them in the Banks to be specified by this Court till the disposal of the case.
property ever since the death of A.M.Buhari.
For Plaintiff : Mr.S.Mahaveer Shivaji For defendants : Mrs.R.Ramya for D1, 3 to 5, 7, 8, 10 to 15, 18 to 21. Mr.Abdul Nazeer for D9 & D16 Mr.A.Vijayakumar for D17
JUDGMENT
The learned counsel for the plaintiff and defendants represented
for the parties have appeared before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras from 11.12.2023 to 21.02.2024 and in the Mediation, the parties have successfully arrived at compromise, terms of which have been reduced to writing by way of Settlement
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Agreement. The said settlement agreement is placed before this Court, signed by the plaintiff and the defendants and counter-signed by their respective counsel.
2.The settlement has been arrived at between the parties is
extracted below:
“ (A) The Family Arrangement/Settlement had been entered into among the parties on 06.04.2002, amicably acted upon and given effect o by all the concerned parties including the plaintiff.
(B) Now all the parties including the Plaintiff and the Defendants in the suit have consented for the Family Arrangement/Settlement dated 06.04.2202 and agreed to and acted upon the same.”
02.04.2024
Index :Yes/No Internet : Yes/No Neutral Citation :Yes/No. Speaking order/Non-speaking order
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C.S.No.879 of 2001
rkp
P.B.BALAJI, J,
rkp
C.S. No.879 of 2001
02.04.2024
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M.Farook Buhari
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
