Kavita Jalan ... Plaintif vs .
2021 Latest Caselaw 22823 Mad

Citation : 2021 Latest Caselaw 22823 Mad
Judgement Date : 22 November, 2021

Madras High Court

Kavita Jalan ... Plaintif vs . on 22 November, 2021

                                                                                     C.S.No.743 of 2016

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 22.11.2021

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                                  C.S.No.743 of 2016

                     Kavita Jalan                                                   ... Plaintif

                                                          Vs.
                     1.Subhash Agarwal
                     2.Tejeshwari Goyal
                     3.Yatish Agarwal                                              ...Defendants


                     The Civil Suit has been filed under Order IV Rule 1 of the Original Side
                     Rules read with Order VII Rule 1 of C.P.C. 1908, praying to pass a
                     judgement and decree

                     (a) to declare the settlement deed dated 19.08.2009 by the first defendant's
                     parents in favour of first defendant and registered as Doc.No.630 of 2009 on
                     the file of the Sub-Registrar, Mylapore, Chennai-5 as null and void.

                     (b) directing that the suit schedule property be partitioned into 3 shares by
                     metes and bounds and ordering the delivery of 1/3rd share each to the
                     plaintiff and 1st defendant and 1/6th share each to defendants 2 and 3.

                     (c) Permanent injunction restraining the 1st defendant his agents, nominees,
                     assigns or any other persons claiming through him from alienating the suit
                     schedule property and for costs.


https://www.mhc.tn.gov.in/judis
                                                                                       C.S.No.743 of 2016

                                  For Plaintiff          : Mr.Abishek Jenasenan
                                  For Defendants         : Mr.R.Parthasarathy for D1


                                                         JUDGMENT

(This case has been heard through video conferencing)

It is a suit wherein the plaintiff has sought a relief of setting aside the

settlement deed dated 19.08.2009, which the parents of the 1st defendant

have executed in his favour. Consequently, the plaintiff has also sought a

relief of partition of her share.

2.This Court is informed that the parties have amicably compromised the

matter and the Memo of compromise dated 15.11.2021 has been filed in this

Court. This Compromise Memo is recorded and taken on file. In terms of

the compromise, the learned counsel for the plaintiff submits that the

plaintiff is now withdrawing the suit as settled out of Court.

3.This Civil Suit stands dismissed as withdrawn accordingly. The Registry

is directed to refund the court fee as per law. No costs.