S.R.Padma Vs Geethika Nagalakshmi

PRAYER : Plaint filed under Order IV Rule 1 of O.S.Rules read with Order VII Rule 1 of C.P.C., prays for passing of a decree and Judgment against the Defendants for

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a ) Dividing all the suit immovable properties by metes and bounds and allot 1/3rd undivided share in the suit properties owned by late D.L.Raja, the husband of the Plaintiff, in Item No, 1 to 8 of the suit schedule properties.

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b)Partition and allotment of 1/3th undivided share in all the movables including bank investments, bank deposits, movable in the lockers, gold jewellery, silver ware, house hold items after making a list and taking inventory also of all the family jewellery and silver wares from the Defendants, and more fully described as Item No.9 in the schedule to the

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C.S.No.114 of 2023

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plaint.

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c)For recovery of the 1/3rd undivided share of the Plaintiff of future mense profits of all the suit properties as may be ascertained in this suit proceedings.

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d)for a declaration that the partition deed dated 11.11.2022 executed between the defendants and registered as document No.17755 of 2022 at the office of the Sub Registrar, Ambattur, as null and void, non-est and not binding on the plaintiff.

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e)for the relief of Permanent injunction restraining the defendants, their men, agents, persons, representatives, acting through or under them from in any manner interfering with the peaceful possession and enjoyment of Item No.3 of the suit property which the plaintiff is at present in possession and occupation thereof.

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f)for the relief of a Permanent Injunction restraining the defendants their men, agents, persons, representatives, acting through or under them from in any manner alienating, encumbering or dealing with the 1/3rd undivided share of the plaintiff, in all the items of the suit properties.

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g)To appoint an Advocate Commissioner to divide all the schedule mentioned suit properties, Item Nos. 1 to 8, by metes and bounds and deliver the 1/3rd divided share of the Plaintiff to her;

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h)To appoint a Receiver to collect the rents from all the suit properties from Item No.1 and 2 of the schedule mentioned properties

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i)for costs of the suit.

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For Plaintiff : Mr.K.Bijai Sundar For Defendants : Mr.V.Sundarraman (For D1) Mr.S.Vijay (For D2)

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C.S.No.114 of 2023

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JUDGMENT

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When the matter was taken up for hearing, the learned counsels

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appearing on either side would submit in unison that the parties to the suit have arrived at a compromise and had entered into a Terms of Memorandum of Compromise and the same is placed before this Court.

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2. The parties were present before this Court and they were identified

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by the respective learned counsels appearing on behalf of them. They had also acknowledged the statement made by the learned counsel appearing on either side.

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3. In view of the understanding that had been arrived at between the parties on the terms of Memorandum of Compromise, the suit is disposed of on the terms of the Memorandum of Compromise. The said Memorandum of Compromise is also annexed to this order.

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4. The balance amount of Rs.40,00,000/- (Rupees Forty Lakhs only) is to be paid as and when the decree is issued by this Court.

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5. Considering the fact that the parties have already entered into a

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compromise, resolving the dispute , and that a part amount is yet to be paid by the defendants in favour of the plaintiff, the Registry shall also issue the decree within a period of four (4) weeks from today. However, there shall be

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no order as to costs. Consequently, connected applications are closed.

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6. Registry, High Court of Madras, is directed to grant necessary refund

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of Court fee as applicable in the name of the plaintiff.

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14.07.2025

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kak

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