Pavithra Vikas Sharma vs Venkatesan
2022 Latest Caselaw 9821 Mad

                                                                                 C.S.No.181 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 10.06.2022

                                                        CORAM

                         THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                  C.S.No.181 of 2021
                                                         and
                                                  O.A.No.290 of 2021

                     Pavithra Vikas Sharma                                     ... Plaintiff

                                                           Vs.
                     1.Venkatesan
                     2.Jai Shree                                                ... Defendants

                     Prayer: Plaint filed under Order VII Rule 1 of Code of Civil Procedure
                     Read with Order IV Rule 1 of the Original Side Rules, praying for:


                                  (a) For Partition and separate possession of suit
                            schedule property in two equal halves and to allot one such
                            share to plaintiff by metes and bounds in the suit schedule
                            properties;
                                  (b) a permanent injunction restraining the defendants,
                            their men, agents or any persons claiming under them from
                            interfering with the plaintiff's peaceful possession and
                            enjoyment of the suit schedule properties;




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https://www.mhc.tn.gov.in/judis
                                                                                     C.S.No.181 of 2021

                                        For Plaintiff     : Mr.Krishna Prasad R
                                        For D1            : Mr.M.Palaniyappan
                                        For D2            : Mr.S.Dharmakkan


                                                          JUDGMENT

When the matter is taken up for hearing, the learned counsel

appearing on either side submitted that the dispute between the parties

has been settled and a Joint compromise Memo dated 06.06.2022 to that

effect has been filed on behalf of both the parties. The said Memo has

been duly signed by both the parties and attested by their respective

counsel.

2.The learned counsel appearing on either side submitted that the

suit may be decreed in terms of Memo of Compromise. It is also brought

to the knowledge of this Court that, the 2nd defendant was set ex parte on

06.04.2022.

3. In view of the terms of the Joint Memo of Compromise entered

into between the parties, this Court is of the view that in the interest of

the justice and to save the precious time of the Court and to give quietus

https://www.mhc.tn.gov.in/judis C.S.No.181 of 2021

to the dispute, the ex-parte order against the 2nd defendant, passed by this

Court dated 06.04.2022 is recalled.

4.Recording the Joint Memo of Compromise dated 06.06.2022,

this suit is decreed in terms of Joint Memo of Compromise. The Joint

Memo of Compromise shall form part of the decree. Consequently,

connected Application stands closed.

5. Registry is directed to refund the Court fee to the plaintiff as per

the Rules.

10.06.2022

rst

https://www.mhc.tn.gov.in/judis C.S.No.181 of 2021

KRISHNAN RAMASAMY,J.

rst

C.S.No.181 of 2021 and O.A.No.290 of 2021

10.06.2022

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