Latha vs S.Rajammal
2021 Latest Caselaw 19970 Mad

                                                                                  C.S.No.719 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 29.09.2021

                                         CORAM : JUSTICE N.SESHASAYEE

                                                  C.S.No.719 of 2015


                     1.Latha
                     2.Gopika
                     3.Gokul Kanna
                     4.Sri Keerthika                                 ...           Plaintiffs

                                                           Vs.

                     1.S.Rajammal
                     2.S.Srinivasan
                     3.S.Jayaprakash Narayanan
                     4.S.Jayachandran
                     5.S.Chithirai Sekar
                     6.S.Jayaganthan
                     7.J.Jothiselvam
                     8.G.Jayagandhi
                     9.R.Jayanthi
                     10.I.Jayabharathi
                     11.Jayabagiavathi                               ...           Defendants

                     Prayer : Civil Suit filed under Order VII Rule 1 of CPC read with Order
                     IV Rule 1 of O.S.Rules, praying : (a) to pass preliminary decree of
                     partition declaring that the plaintiffs are entitled to get 1/11 th share in the
                     suit properties; (b) to pass such other further orders as may be deemed fit
                     to the facts and circumstances of the case.




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                                                                               C.S.No.719 of 2015

                                         For Plaintiffs     : Mr.P.Sesubalan Raja

                                         For Defendants     : D1 to D11 appeared


                                                    JUDGMENT

This is a suit for partition and the matter is now compromised, and a

Memorandum of compromise dated 29.09.2021 is filed before the Court.

2. The plaintiffs are the wife and children of a certain Jeyakumar, who is

one of the sons of Sivalinga Nadar and Rajammal, the first defendant.

The defendants 2 to 11 are also the children of Sivalinga Nadar. The

heirs of the Sivalinga Nadar compromised the suit among themselves.

3. The defendants 7 to 10 are stated to have released their share in favour

of other sharers. So far as the 11th defendant is concerned, she is the

wife of the third defendant, and she claims 8th item of the suit property as

her personal property. In this compromise, the contest over 8 th item was

given up by the other sharers and hence, 11th defendant right over that

item is allotted to D3, and her share remains intact so far as the other

properties are concerned. Since D7 to D11 have released their share in

favour of other sharers, they have not joined the compromise.

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C.S.No.719 of 2015

4. The learned counsel for the plaintiff submits that the release deed is

yet to be released by the Sub Registrar concerned.

5. This Court interviewed all the parties and it is satisfied that they have

amicably settled the matter. The memo of compromise is recorded and

taken on file. The final decree may be passed in terms of the

compromise.

6. The suit is accordingly decreed in terms of the memo of compromise

dated 29.09.2021. No costs.

29.09.2021

ds

Index : Yes / No Internet : Yes / No

https://www.mhc.tn.gov.in/judis/

C.S.No.719 of 2015

N.SESHASAYEE.J.,

ds

C.S.No.719 of 2015

29.09.2021

https://www.mhc.tn.gov.in/judis/