C.S.No.417 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.417 of 2019
and
A.No.927 of 2021
K.Karthikeyan .. Plaintiff
/versus/
K.Balasubramanian .. Defendant
This Civil Suit is filed under Order IV Rule 1 of the Original
Side Rules read with Order VII Rule 1 of C.P.C, 1908, prayed for a
judgment and decree against the Defendants:-
a).Pass a preliminary decree for partition of the suit schedule
property allotting 1/2 share each to the plaintiff and the defendant;
b).Pass a final decree of partition partitioning the suit schedule
property by metes and bounds;
c).Grant of permanent injunction restraining the defendant, his
men and agents, servants or persons acting on his behalf from in any
manner putting up any unauthorized construction or altering physical
features of the suit schedule property; and
d).To pay the costs of the suit.
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https://www.mhc.tn.gov.in/judis
C.S.No.417 of 2019
For Plaintiff : Mr.K.Harishankar
For Defendant : Mr.S.A.Udayakumar
JUDGMENT
A joint memo of compromise dated 19.09.2022 had been presented before me. The plaintiff, K.Karthikeyan is present in Court and the learned counsel for the plaintiff is also present in Court. Similarly, the Power of Attorney / son of the defendant, Rujupreet and the learned counsel for the defendant are also present in Court. They all signed the joint compromise memo. They affirmed that they signed the compromise of memo and they are aware of the terms of joint compromise memo.
2.The suit had been filed for partition and separate possession. Preliminary decree was effected by a compromise and such compromise was recorded on 30.08.2019. A Commissioner had been appointed to divide the property. Suggestions had been forwarded.
3.The parties have then again entered into a joint compromise memo, which is now presented before me indicating the manner in which the property would be enjoyed by them and a plan has also been annexed to the compromise entered into between the plaintiff and the defendant. 2/4 https://www.mhc.tn.gov.in/judis C.S.No.417 of 2019
4.In view of the above observations, the suit is decreed in terms of the joint compromise memo. No order as to costs. The joint compromise memo and the plan which is annexed shall form part of the decree. Consequently, the connected application is also closed.
19.09.2022 smv Internet : Yes / No Index : Yes / No 3/4 https://www.mhc.tn.gov.in/judis C.S.No.417 of 2019 C.V.KARTHIKEYAN,J.
smv C.S.No.417 of 2019 and A.No.927 of 2021 19.09.2022 4/4 https://www.mhc.tn.gov.in/judis