Madras High Court
Mamta Daga vs Deepak Om Prakash Daga on 10 November, 2021
C.S. No.180 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:10.11.2021
Coram:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. No.180 of 2021
&
O.A. Nos.288 and 289 of 2021
Mamta Daga
Rep.by her Power of Attorney Mr. Ram Niranjan Daga
Wife of Ram Niranjan Daga ... Plaintiff
Vs.
1. Deepak Om Prakash Daga
2. Harsh Om Prakash Daga ... Defendants
Plaint filed under Order IV Rule 1 of Original Side Rules read with
order VII Rule 1 of CPC to pass a judgment and decree in favour of the
plaintiff ad against the defendants
a. granting a preliminary decree for partition and separate possession
of the plaintiff's 2/3rd share in the suit schedule property and pass a final
decree allotting a specific share in the suit property divided by metes and
bounds, taking into account all the relevant factors regarding the value and
utility of the property;
b. Costs of the suit.
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C.S. No.180 of 2021
For Plaintiff : Mr.C. Vigneswaran
For Defendants: Mr. V. Raghavachari
JUDGMENT
The learned counsel for the plaintiff has filed a Memo dated
06.11.2021 stating that the parties have settled the dispute out of court and
he has sought for withdrawal of the suit. The learned counsel for the
defendants has also filed a Memo dated 06.11.2021 signed by the plaintiff
and the defendants disclosing as to how the settlement was arrived between
the parties.
2.The extract of both the Memos (one filed by the learned counsel for
the plaintiff and joint Memo filed by the learned counsel for the
defendants) are reproduced hereunder :
MEMO FOR WITHDRAWAL OF SUIT
It is submitted as follows:-
1. The above suit filed by the plaintiff for partition has been settled out of
court between the parties. Hence the plaintiff may be permitted to
withdraw the above suit.
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C.S. No.180 of 2021
2. The e mail sent by the plaintiff represented by her power of attorney
seeking withdrawal of the suit is enclosed herewith.
3. It is therefore prayed that this Hon'ble Court be pleased to permit the
plaintiff to withdraw the above suit and thus render justice.
JOINT MEMO
The parties to this lis state as follows:
1. The plaintiff filed the suit seeking for partition, making a claim of 2/3rd
share in the suit schedule property. While the suit was pending, on the
intervention of family members, the plaintiff had agreed to effect
transfer her portion.
2. Accordingly, on 13-10-2021 the plaintiff had transferred her 2/3rd
share in favour her husband, Mr. Ram Niranjan Daga by way of
settlement deed registered as Document No.4251 of 2021 on the file of
Sub Registrar Office, Anna Nagar. Mr. Ram Niranjan Daga in turn
transferred the 2/3rd share in favour of Mr. Om Prakash Daga, father
of Defendants 1 & 2 and Mr. Ravindra kumar Daga, paternal uncle of
the Defendants 1 & 2, by way of settlement deed dated 20-10-2021
registered as Document No.4282 of 2021 on the file of the Sub
Registrar Office, Anna Nagar.
3. As the Plaintiff has transferred her share and at present the 2/3rd share
vest with the father and prenatal uncle of the defendants 1 and 2, there
is no necessity to make any adjudication in the suit.
4. It is therefore prayed that this Hon'ble Court may pleased to record
the terms this memo and dispose of C.S. No.180/2021 and pass such
further or other orders and thereby render justice.
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C.S. No.180 of 2021
3. Both the Memos are recorded and the suit is dismissed as settled
out of court. Consequently, connected original applications are closed.
4. Both the Memos shall form part of the judgment.
10.11.2021
Index: Yes/No
Internet: Yes/No
vsi2/ab
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C.S. No.180 of 2021
ABDUL QUDDHOSE, J
ab
C.S. No.180 of 2021
&
O.A. Nos.288 and 289 of 2021
10.11.2021
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