Madras High Court
Mrs.S. Rajeswari vs Mr.P. Gnanasekaran on 21 December, 2021
C.S. No. 899 of 2010,
Tr.C.S. No. 511 of 2006
& T.O.S. No. 46 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2021
CORAM
THE HONOURABLE MR. JUSTICE N. SESHASAYEE
C.S. No. 899 of 2010, Tr.C.S. No. 511 of 2006
&
T.O.S. No. 46 of 2016
C.S. No. 899 of 2010
Mrs.S. Rajeswari ..Plaintiff
Vs.
1.
Mr.P. Gnanasekaran
2. Mrs. L. Vasantha
3. Mrs. A. Suravalli
4. Mrs.K. Malliga
5. Mrs. J. Kasthuri
6. Mr.V.S. Ramanujam
7. Ms.Deepa
8. Mr. Rajkumar Sukharani
9. Mr.B. Balasubramaniam
10. Mr.S. Murugan
11. Mr.D.J. Chandramouli
12. Mr.J. Mohanakrishnan
13. Mr.S. Senthilkumar ..Defendants
https://www.mhc.tn.gov.in/judis
C.S. No. 899 of 2010,
Tr.C.S. No. 511 of 2006
& T.O.S. No. 46 of 2016
Prayer: Civil Suit filed under Order VII Rule 1 CPC read with Order IV
Rule 1 O.S. Rules praying for a judgment and decree against the defendants
(i) directing partition by metes and bounds and to put the plaintiff in
separate possession of her 1/3 share in the properties a) bearing Door No.49,
Saidapet Road, (100 feet Road), Vadapalani, Chennai – 26, b) Door No.50,
Saidapet Road, (100 feet Road), Vadapalani, Chennai -26 and c) No.134,
new No. 16A, Main Road, Alapakkam, Chennai – 116, d) Door No.137,
New No.16A, Alapakkam Main Road, Alapakkam, Chennai – 116, e) Door
No.10, Govindappa Naicken 2nd Cross Street, Alapakkam, Chennai – 116
and of her 8/28 share in Plot Nos. 481 and Part of 480, 14th Street,
Ashtalakshmi Nagar, Valasarawalkam, Chennai – 87 more fully described in
the schedule hereunder as item Nos. 1 to 6 (ii) directing the 1st defendant
to pay the plaintiff towards past mesne profits, a sum of Rs.36,000/- being
the 1/3 rd share of the rental income for the period from January, 2010 to
March, 2010 (iii) directing the 1st defendant to pay the plaintiff's 1/3rd share
in the future rental income from April, 2010 till actual delivery of
possession of her share; (iv) declaring that the sale deeds executed on the
strength of the Power of Attorney dated 20.05.1994 in respect of the
https://www.mhc.tn.gov.in/judis
C.S. No. 899 of 2010,
Tr.C.S. No. 511 of 2006
& T.O.S. No. 46 of 2016
property bearing Plot Nos. 481 and 480 Part, 14th Street, Asthalakshmi
Nagar, Valasarawalkam, Chennai – 87 morefully described as item 6 are not
binding uponthe plaintiff and non-est as against the share of the plaintiff and
late M. Perumal Naicker and (v) directing the defendants to pay the
plaintiff her costs of this suit.
For Plaintiff :: Ms.C. Uma
For Defendants :: Mr. P.V. Ravikumar for D1
Tr.C.S. No. 511 of 2006
Vasantha ..Plaintiff
Vs.
1. P. Gnanasekaran
2. Indrani
3. Suravalli
4. Malliga
5. Kasthuri
6. S. Rajeswari ..Defendants
Prayer: Original Suit filed under Order VII Rule 1 CPC and Section 2
of Partition Act in O.S. No. 12059 of 2010 on the file of V Additional
Judge, City Civil Court, Chennai praying for a preliminary decree for
partition and separate possession of the 1/7th share of the plaintiff in the
properties, bearing Municipal Door Nos. (i) Door No.49, Saidapet Road,
https://www.mhc.tn.gov.in/judis
C.S. No. 899 of 2010,
Tr.C.S. No. 511 of 2006
& T.O.S. No. 46 of 2016
Vadapalani, Chennai – 600 026 (ii) Door No.50, Saidapet Road,
Vadapalani, Chennai – 600 026, morefully described in two schedule
hereunder as 'A' and 'B' respectively; (b) directing the first defendant to pay
a sum of Rs.3000/- being the mesne profits for the period from 01.03.2003
to 31.08.2003 (six months); (c) directing the first defendant to pay the
future mesne profits at the rate of Rs.500/- per month from the date of plaint
to the date of separate possession of 1/7th share of the plaintiff and (d)
directing the defendants to pay the cost of the suit has been transferred to
the file of this Court by order dated 23.04.2012 in Disc.No. 4225/2012/Stat
and renumbered as Tr.C.S. No. 511 of 2006.
For Plaintiff :: Mr.P. Seetharaman
For Defendants :: Mr.P.V. Ravikumar for D1
T.O.S. No. 46 of 2016
P. Gnanasekaran ..Plaintiff
Vs.
1. Smt.Indrani
2. Smt. Vasantha
3. Smt. Suravalli
4. Smt. Malliga
5. Smt.Kasthuri
6. Smt. S. Rajeswari ..Defendants
Prayer: Petition filed under Sections 232 and 276 of the Indian
https://www.mhc.tn.gov.in/judis
C.S. No. 899 of 2010,
Tr.C.S. No. 511 of 2006
& T.O.S. No. 46 of 2016
Succession Act, XXXIX of 1925, for the grant of Letters of Administration.
As per order of this Court dated 9th day of June, 2015 in O.P. NO. 147 of
2005, the Original Petition was directed to be converted into Testamentary
Original Suit.
For Plaintiff :: Mr.P.V. Ravikumar in all suits
For Defendants :: No Appearance
JUDGMENT
All the three suits namely C.S. No. 899 of 2010, Tr.CS. No. 511 of
2006 and T.O.S. No. 46 of 2016 have been compromised by the parties
outside the Court. They have filed a compromise memo and the same is
taken on record.
2. Earlier, a memo was filed in C.S. No.899 of 2010 wherein the
plaintiff had sought permission of the Court not to press the suit as against
defendants 5 to 13. Learned counsel for the plaintiff submitted that
defendants 2 to 4 have relinquished their right since filing compromise
memo and submitted that in view of the compromise memo, now filed and
the release deed executed in favour of the 1st defendant, the earlier memo is
N. SESHASAYEE,J.
https://www.mhc.tn.gov.in/judis
C.S. No. 899 of 2010,
Tr.C.S. No. 511 of 2006
& T.O.S. No. 46 of 2016
permitted to be withdrawn. The joint memo of compromise filed now in
C.S. No. 899 of 2010 is taken on record.
3. In Tr.C.S. No. 511 of 2006, the plaintiff has filed a memo for
withdrawing the suit.
4. Learned counsel for the plaintiff in Tr.C.S. No. 511 of 2006, C.S. No.
899 of 2010 and T.O.S. No. 46 of 2016 make separate but identical
statements that they would be withdrawing their respective suits without any
need for reserving their right to file a fresh suit on the same cause of action.
Leave granted. All the three suits are permitted to be withdrawn.
5. Accordingly, C.S. No. 899 of 2010, Tr.C.S. No. 511 of 2006 and
T.O.S. No. 46 of 2016 are dismissed as settled out of court.
6. Registry is required to refund the court-fee in each of the above stated
three suits as per law and the original documents are required to be handed
over to the parties as per procedure. No costs.
21.12.2021
nv
C.S. No. 899 of 2010,
Tr.C.S. No. 511 of 2006
& T.O.S. No. 46 of 2016
https://www.mhc.tn.gov.in/judis
