Kalarani Sivasubramaniam vs S.Shalini
2022 Latest Caselaw 1396 Mad

                                                                                       C.S.No.208 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       Dated: 28.01.2022
                                                            Coram:
                                    THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
                                                    C.S.No.208 of 2021 &
                                             OA.Nos.386, 387, 388 & 389 of 2021 &
                                                 A.Nos.2236 & 2237 of 2021

                     Kalarani Sivasubramaniam                                          ... Plaintiff

                                                               vs.

                     S.Shalini                                                          ... Defendant

                                  Plaint filed under Order IV Rule 1 of Original Side Rules read with
                     Order VII Rule 1 CPC, 1908 seeking
                                  (a) For Permanent Injunction restraining the defendant, her men,
                     agents, servants or anyone claiming under or through her and/or authorized
                     by her from in any manner interfering with the plaintiff's right to own and
                     possess the suit schedule property, morefully described in Schedule “A” of
                     the suit schedule, including the free ingress and egress to the property;
                                  (b) For Permanent Injunction restraining the defendant, her men,
                     agents, servants or anyone claiming under or through her and/or authorized
                     by her from in any manner interfering with the plaintiff's right to own and
                     possess the suit property viz., including peaceful possession and enjoyment
                     of the property, more fully described in Schedule “B” including the ingress
                     and egress to the property.

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https://www.mhc.tn.gov.in/judis
                                                                                         C.S.No.208 of 2021

                                  (c) For mandatory injunction directing the defendant to remove all her
                     belongings from the suit schedule property “A” and “B” more fully
                     described in Plaint Schedule “C” on a day to be fixed by this court.
                                  (d) For permanent injunction restraining the defendant, her men,
                     agents, servants or anyone representing her cause, from in any manner
                     barging into the premises or causing nuisance or ruckus to the plaintiff or
                     the neighbours, at the Highlands Apartments, at No.1, Ormes Road, IV
                     Cross Street, Kilpauk, Chennai – 600 010 more fully described in Plaint
                     Schedule “A” property.
                                  (e) For Permanent Injunction restraining the defendant her men,
                     agents, servants or anyone, other person or persons from in any manner
                     from interfering with the plaintiff's custody of the Motor Car as described in
                     the Schedule “D” to the plaint.
                                  (f) Directing the defendant to pay a sum of Rs.1,00,000/- per month
                     as damages for use and occupation of the Flat in DLF Commander's court,
                     Egmore, Chennai – 8 from the date of the plaint till the date of actual
                     surrender morefully described in the schedule “B” hereunder.
                                              For Plainitff      : Mrs.Vasudha Thiagarajan

                                              For Defendant      : Mrs.S.Revathy


                                                         JUDGEMENT

Both the parties have amicably settled the matter amongst themselves

by entering into a Joint Memorandum of Compromise dated 27.01.2022

https://www.mhc.tn.gov.in/judis C.S.No.208 of 2021

which has been placed before this Court today. The said Joint Memorandum

of Compromise has been signed by both the parties and the respective

counsels. Both the parties have also present through Video Conferencing

and agreed that they have entered into Joint Memorandum of Compromise

which has been placed before this Court today.

2. In terms of the Joint Memorandum of Compromise, this suit is

decreed. The Joint Memorandum of Compromise shall form part of this

Judgment. Consequently, connected applications are closed.

28.01.2022 nl

https://www.mhc.tn.gov.in/judis C.S.No.208 of 2021

ABDUL QUDDHOSE, J nl

C.S.No.208 of 2021 & OA.Nos.386, 387, 388 & 389 of 2021 & A.Nos.2236 & 2237 of 2021

28.01.2022

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