Madras High Court
Mrs. Premila vs Mr. Anil Panickar on 7 March, 2022
1 C.S.No.357 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.357 of 2012
Mrs. Premila ...Plaintiff
.Vs.
1.Mr. Anil Panickar,
2. Mr. Sunil Panicker,
3. Mrs. Sunita A.D.C. Bose ...
Defendants
Prayer:
Plaint filed under Order IV rule of 1 of the Original Side Rules
R/w. Order VII Rule 1 of the CPC, 1908 with praying for a judgment and
decree as follows:-
a) For partition and separate possession of 1/4th share of the
plaintiff in the schedule mentioned property by metes and bounds and
allotment of 1/4th share to the plaintiff by granting a preliminary decree
for partition;
1
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2 C.S.No.357 of 2012
aa) For Partition and separate possession of 1/4th share of 3rd
defendant in schedule B property by metes and bounds and allotment of
1/4th share to the 3rd defendant by granting a preliminary decree of
partition;
ab) To direct the plaintiff to produce accounts in respect of the
Schedule B property from 1999 till date;
ac) To direct the plaintiff to give rent at the rate of Rs.20,000/- per
month being 1/4th share of the 3rd defendant for Schedule B property
payable from 1999 till date;
b)For permanent injunction against the defendants their men,
agents, servants or anyone claiming under them on acting on their behalf
from in any way deal with the property door no.16, (Old No.14) Plot
No.12-A, Satyanarayana Avenue, Chennai - 600 028, which is morefully
described in the schedule hereunder either by way of alienating the same
or putting up any construction over the same or any other manner
whatsoever.
c) to pay the costs of the suit
For Plaintiff : Mr. C. Umashankar
For Defendant-2 : Mrs. M. Vidya
For Defendant-3 : Mrs. Abitha Banu
********
JUDGMENT
The suit has been filed for partition and separate possession and
the parties are brothers and sisters belonging to one family.
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2. When the matter came up for hearing today, the learned counsel
for both parties would jointly submit that the parties have settled the
matter between themselves. Accordingly, a Joint Memorandum of
Compromise has been filed before this Court having signature of both the
the parties concerned as well as the counsel on the side of the plaintiff and
defendants. The parties have also affirmed the facts that they have entered
into a memo of compromise as per the details given below:
" JOINT MEMORANDUM OF COMPROMISE FILED
BY PLAINTIFF AND DEFENDANTS"
The above named parties beg to submit that they are the 4
(four) children and are born to late Mr. N. G. Panickar
and late Mrs. Sulochana Panickar. The plaintiff Mrs.
Premila is 1 (one) of the 2 (two) daughters born to late Mr.
N. G. Panickar and late Mrs. Sulochana Panickar. She is
the eldest of 4 (four] children born to them. Mr. Anil
Panickar is the first son, Mrs. Sunita A. D. C. Bose is the
second daughter and Mr. Sunil Panickar is the Second son
of the above said parents of parties herein.
Mr. N. G. Panickar died on 03.01.2000, leaving
behind the parties herein as his legal heirs. He has left
behind through his last WILL and testament, 3 (three)
properties and item no.1 of the schedule mentioned
property is one among them. Mrs. Sulochana Panickar
died on 22.01.1999, intestate leaving behind item no.2 of
the schedule mentioned property.
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The Plaintiff herein has filed the present suit for
partition and separate possession of her 1/4th share in
item no.1 of schedule mentioned property. Later, change of
address of the Defendant No.3 was carried out based on
the application filed by the Defendant No.3. Later, item
no.2 of schedule mentioned property was added on the
application filed by the Defendant No.3. Later, change of
name of the Defendant No.3 was carried out based on the
application filed by the Defendant No.3.
The above suit was contested by the defendants and
finally by the intervention of elders and well-wishers, the
parties herein have agreed to solve the disputes among
themselves and through mediation talks held between them
with the help of friends and relatives and based on the
earlier oral family arrangement Dated: 27/01/2005, at
Tirupati, State of Andhra Pradesh, they arrived at a
settlement and they are desirous to reduce the said
understanding/compromise into writing as under:
1.By virtue of the said understanding and
compromise arrived between parties, it is agreed that the
plaintiff Smt. Prameela N Jayaprakash is entitled to her a
portion in item nos.1 and 2 of schedule mentioned
property, item No.1 being the only property bequeathed to
Mrs. Premila Jayaprakash and Mr. Sunil Panickar by
father, late Mr. N.G. Panickar through his last WILL and
testament as more particularly detailed in the WILL.
2.By virtue of the said understanding and
compromise, regarding the Cashew nut Factory at
Kanyakumari district, Tamil Nadu State, the property as
more particularly detailed in Schedule B below which
belongs to the mother of the parties herein viz. late Mrs.
Sulochana Panickar, as per mediation talks, Mr. Sunil
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Panickar has paid Smt.Prameela N Jayaprakash as per her
instructions and amounts agreed by Smt. Prameela N
Jayaprakash, a sum of Rs.3.30,00,000/- (Rupees Three
Crores and Thirty Lakhs Only) paid vide RTGS drawn
through HDFC BANK LIMITED, RA Puram Branch,
Chennai, IFSC code HDFC0000141 paid by Cheque No.
000002 dated 28/02/2022 to her Account No.
921010043542911 in Axis Bank, Kundra Branch, Kollam,
IFSC code UTIB0003737 and as per her instructions and
amounts agreed by Smt.Prameela N Jayaprakash, Mr.
Sunil Panickar has paid an amount of Rs. 40,00,000/-
(Rupees Forty Lakhs Only) each to Mr. Anil Panickar and
Smt. Sunita A. D. C. Bose, respectively, in lieu of all three
defendants releasing their respective shares in mother's
property as particularly described in Schedule B property
hereinunder in favour of Smt.Prameela N Jayaprakash, in
lieu of all three legal heirs releasing theirs shares in the
income earned and all rental payable from the Schedule B
property hereinunder in favour of Smt Prameela N
Jayaprakash, and in lieu of all three legal heirs releasing
their respective shares in father's property as particularly
described in Schedule A property hereinunder in favour
Mr. Sunil Panickar and it is paid simultaneously on
signing of the Documents for registration of Release Deed
dated 28/02/2022, pertaining to the Chennai Property as
particularly described in Schedule A property hereinunder.
3. By virtue of the said understanding and compromise,
Smt Prameela N Jayaprakash, and Mr. Sunil Panickar,
agrees that with the aforesaid amount of Rs.40,00,000/-
(Rupees Forty Lakhs Only) paid to Smt. Sunita A. D. C.
Bose, that all the earlier understanding, correspondences
and money transactions between Smt.Prameela N
Jayaprakash and Smt. Sunita A. D. C. Bose are only with
respect to Schedule B Property hereinunder and that
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stands cancelled and nullified, being mother's property
amounting to a total of 1 Acre 75.5 Cents at Kanyakumari
District.
4. By virtue of the said understanding and compromise, Mr
Sunil Panickar, paid an additional amount of
Rs.60,00,000/-(Rupees Sixty Lakhs Only) Smt Sunita A. D.
C. Bose and Rs. 10,00,000/- (Rupees Ten Lakhs Only) to
Mr.Anil Panickar as mutually agreed by all simultaneously
on signing of the Documents for registration of Release
Deed dated 28/02/2022, pertaining to the Chennai
Property as particularly described in Schedule A property
hereinunder.
5. By virtue of the said understanding and compromise,
Smt Sunita A. D. C. Bose thus received a total amount of
Rs.1,00,00,000/-(Rupees One Crore Only) paid vide
Cheque drawn through HDFC BANK LIMITED, RA Puram
Branch, Chennai, IFSC code HDFC0000141 paid by
Cheque No. 000003 dated 28/02/2022 to her Account
No.50100122999202, in HDFC Bank Limited, Mumbai-
Nerul Branch, Mumbai, IFSC Code HDFC0000258 and
Mr. Anil Panickar thus received a total amount of
Rs.50,00,000/-(Rupees Fifty Lakhs Only) paid vide Cheque
drawn through HDFC BANK LIMITED, RA Puram Branch,
Chennai, IFSC code HDFC0000141 paid by Cheque No.
000004 dated 28/02/2022 to his Account No
15751000017276 in HDFC Bank Limited, Subham Palace
Branch, Thane, IFSC Code HDFC0001575 from Mr. Sunil
Panickar simultaneously on the signing of the respective
Documents for registration of Release Deed dated
28/02/2022 and releasing their respective rights pertaining
to the Schedule A mentioned property hereinunder.
6. By virtue of the said understanding and compromise,
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Mr. Sunil Panickar paid an amount of Rs.3,30,00,000/-
(Rupees Three Crores and Thirty Lakhs Only) to
Smt.Prameela N Jayaprakash, simultaneously on the
signing of the Documents for registration of the Release
Deed dated 28/02/2022 and releasing her rights
pertaining to the Schedule A mentioned property
hereinunder.
7. By virtue of the said understanding and compromise,
since Mr. Sunil Panickar has already paid the total amount
as aforesaid to Mr. Anil Panickar, Mr. Anil Panickar shall
execute and if necessary, register, deed or deeds releasing
his respective share in the Schedule B property
hereinunder infavour of Smt.Prameela N Jayaprakash and
in the Schedule A property in favour of Mr. Sunil Panickar.
8 By virtue of the said understanding and compromise,
since Mr. Sunil Panickar has already paid the total amount
as aforesaid to Smt. Sunita A. D. C. Bose, Smt. Sunita A. D.
C. Bose shall execute and if necessary, register, deed or
deeds releasing her respective share in the Schedule B
property in favour of Smt Prameela N Jayaprakash and in
Schedule A property in favour of Mr. Sunil Panickar.
9. By virtue of the said understanding and compromise,
since Mr. Sunil Panickar has already paid the total amount
of Rs.3,30,00,000/- (Rupees Three Crores and Thirty Lakhs
only) as aforesaid to Smt Prameela N Jayaprakash,
Smt.Prameela N Jayaprakash, shall absolve herself from
her right over the Schedule A property mentioned
hereinunder and shall execute and if necessary, register,
deed or deeds releasing her share in the Schedule A
property in favour of Mr. Sunil Panickar.
10. By virtue of the said understanding and compromise,
the Original Documents pertaining to the mother's
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property available with Mr. Anil Panickar will be handed
over to the Smt.Prameela N Jayaprakash by Mr. Anil
Panickarimmediately on the registration of the respective
documents pertaining to mother's property as shown in
Schedule B, in favour of Smt Prameela N Jayaprakash
11. By virtue of the said understanding and compromise
Further all the parties shall nominate, constitute and
Appoint their nephew Mr. Dilip Jayaprakash as their
lawful Power of Attorney enabling to execute the release
deed, to change revenue records and all other government
records in favour of Smt. Prameela N Jayaprakash, for the
Schedule B hereinunder.
12. By virtue of the said understanding and compromise,
once the payments and original documents are handed
over as aforesaid vide various clauses above, thenceforth
the signatories to this Joint Memorandum of Compromise
will not make any claim on properties as mentioned in
Schedule A and Schedule B hereinunder.
13. By virtue of the aforesaid understanding and
compromise, all the parties admit and acknowledge that
Mr Sunil Panickar will be the sole and absolute owner of
the property as mentioned in Schedule A bereinunder
14. By virtue of the aforesaid understanding and
compromise, all the parties admit and acknowledge that
Smt. Prameela N Jayaprakash will be the sole and absolute
owner of the property as mentioned in Schedule B
hereinunder.
15.By virtue of the aforesaid understanding and
compromise, all the parties admit and acknowledge that
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Mr. Anil Panickar was already in un interrupted
possession and shall be the absolute owner of the ITEM
No. 3 hereinunder, and all parties and their legal heirs
shall further covenant to execute such further documents
and deeds as may be necessary to fortify and for more
perfectly and fully assuring the right, title and peaceful
enjoyment of the property. to change in revenue records,
other Government records, enabling to transfer the
property in favour of Mr. Anil Panickar.
16. By Virtue of the aforesaid understanding and
compromise, as the parties have entered in to a Family
Settlement and all properties were distributed among the
parties hereto being the legal heirs and based on the oral
Family Settlement made way back in 2005, the parties have
already agreed not to probate the WILL executed by their
father, being the WILL dated 16.01.1998 registered at Doc.
No.5 of 1998 at S.R.O. Kollam.
17. By virtue of the aforesaid understanding and
compromise, Defendants 1 and 3 are not claiming any
share in item No.1 in Schedule A and item No. 2 Schedule
B respectively mentioned property hereinunder since
Defendant No land Defendant No 3 have been given
separate properties at Navi Mumbai and Mumbai,
respectivelyby late Mr. N.G. Panickar through his last
WILL and testament and which are shown at Schedule A
and Schedule C in the aforesaid WILL and as Item No.3
and No 4 hereinunder and which is a fact known to the
Plaintiff and the Defendant No.2 and hence theaforesaid
properties which are at Schedule A and Schedule C in the
aforesaid WILL are not made subject matter of the present
suit.
18. By virtue of the aforesaid understanding and
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compromise, as the parties are aware that the father of the
parties late Mr. N. G. Panickar through his aforesaid WILL
has bequeathed to defendants 1 & 3, separate properties in
the city of Navi Mumbai and Mumbai being, to the
Defendant No.1, a large shop cum Godown No. 24 in Block
No. B on the ground floor of the building situated on land
known as Plot No 2. In the Sector 19 out of Ghat No 796 is
the Revenue Village of the Turbane Taluk and District
Thana as more particularly detailed in the item No.3
herrinunder and item No.A to the Schedule in the aforesaid
WILL and to Defendant No.3, a property, being the Flat
No. B6 in its entirety in Prathmesh Co-Operative Housing
Society Ltd., Twin Tower Lane Off, Veer Savarkar Marg,
Prabhadevi, Mumbai 400 025, as more particularly
detailed in the item No.4 hereinunder and Schedule C to
the aforesaid WILL The Defendant No.3 has has already
sold to 40 a third party, her aforesaid flat on 02.08.2008
and which is a fact known to all the parties hereto. The
plaintiff, 1st defendant and 2 defendant had not made any
claim at any point of time on the aforesaid sale
consideration received by the 3rd Defendant from the sale
of the aforesaid property and or on the property and
confirm that they have no claim over the aforesaid Sale
Consideration and or on the property allotted to the
Defendant No.3 and to the property allotted to Defendant
No.1, as the parties hereto have treated the aforesaid
properties as the self acquired properties respectively of
Defendant No.3 and Defendant No.1.
19. By virtue of the aforesaid understanding and
compromise, the parties hereto agree that the Defendant
No.1, Mr. Anil Panickar and the Defendant No.3, Mrs.
Sunita A. D. Bose, were solely and exclusively in quiet,
peaceful possession and enjoyment of their respective
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properties bequeathed to them by their father, immediately
upon the demise of their father on 03rd January 2000, by
virtue of the aforesaid registered WILL and last testament
of their father, late Shri. N. G. Panickarand by way of oral
family arrangement held on 27.01.2005 regarding the
properties of father and mother at Tirupati, State of
Andhra Pradesh when everybody met there in connection
with the marriage of Mr. Sunil Panickar and further
agreed to treat the properties already being absolutely
enjoyed by Defendant No.1 and Defendant No.3 as the self
acquired properties respectively of Defendant No.1 and
Defendant No.3.
20 By virtue of the aforesaid understanding and
compromise, the parties hereby agree that the suit may be
decreed in terms of the oral Family Agreement reduced to
writing and on the above said understanding and part of
the compromise decree and the Family Agreement with
certified copy of the WILL annexed thereto is annexed as
Exhibit-A.
21.By virtue of the aforesaid understanding and
compromise, any reference to the parties hereto shall,
unless repugnant to the context or meaning thereof shall
mean and include their respective heirs, successors and
assigns,
22. By virtue of the aforesaid understanding and
compromise, the Parties agree to bear their own costs for
implementing the said compromise decree.
SCHEDULE-A
ITEM No.1
House, Ground and Premises bearing Door No.16,
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(Old Door No. 14) Plot No. 12-A, Satyanarayana Avenue,
Madras 600 028 in the sanctioned layout for the entire
garden called "BEACH BOROUGH situated in the
Registration District of Madras and in the Registration
Sub-District of South Madras, now Mylapore Sub-District
bounded on the North by Plot No. 13, Door No.8, East by
Plot No. 21, Door No. 17, South by 40 feet wide Road and
the West by Plot. No. 12, Door No. 15, measuring 3
grounds 1955 sq. ft. be it more or less forming part of
Survey No. 4 and Re-Survey No. 3900 /13 covered by
Collector's Certificate No. 3054 dated 29th April,
1910.Thasildar's certificate in Form 58 C.A. No.250 /1988-
89 / 17.03.1988 along with copy of survey plan dated
17.03.1988 and followed by computerized documents;
bounded on the :North by Plot No. 13, Door No.8,
East by Plot No.21 Door No.17,
South by 40 feet wide Road and
West by Plot No.12 Door No.15
SCHEDULE-B
ITEM No.2
Cashew nut factory and rubber plantation lying and situate
at Maruthukurchi Gram Panchayat, Thakalla Panchayat
Union, Kaviyallur Desom, Valvacha Goshum Village,
Kalkulam Taluk, Palliyadi Sub District, Kanyakumari
Registration District, Kanyakumari District, Tamil Nadu
State to an extent of Acre 1.75.5 Cents in old survey No
1792, Re-survey No. 259/4, 259/6 - 40 cents 16 ARE 20 Sq
Mtrs, old survey No 1792, Re-survey No. 259/2B-13 and
half Cents- 5 ARE 46 Sq. Mtrs, old survey No 1792, Re-
survey No. 259/2B-30 AND 3/4 cents 12 ARE 44 Sq. Mtrs,
old survey No 1792, Re survey No. 259/2 - 12 Cents -4
ARE 86 Sq. Mtrs., 259/2B-40 Cents-16 ARE 20 Sq. Mtrs.,
old Survey No.1792, Resurvey No.259/2- 19 Cents 7 ARE
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69 Sq. Mtrs, old survey No 1792, Re-survey No. 259/2 20
AND 1/4 cents = 8 ARE 20 Sq. Mtrs.
PROPERTIES NOT SUBJECT MATTER OF THE SUIT
ITEM NO.3-1st Defendant is in peaceful possession and
enjoyment of the property:
Shop cum Godown No.B-24 acquired by late Mr. N. G.
Panickar on 21st day of February 1990 is a large shop cum
Oodown No 24 in Block No. B on the ground floor of the
building situated on land known as Plot No 2 in the Sector
19 out of Ghat No 796 in the Revenue Village of the Turbhe
Taluk and District Thana. In the agreement executed by Sri
Ramaprasad N. Kadam being the chairman of the Bombay
Agricultural Produce Market Committee and N.G. Panicker
(N. Gopalkrishna Panicker) carrying on business there
under the name and style of as Proprietor of "Produce and
Spices Marketing Co." as "the lessee.
ITEM NO.4-Sold by the 3rd Defendant vide Sale deed
dated 02.08.2008
Flat No. B6. Prathmesh Co-operative Housing society Ltd.
Twin Tower Lane Off, Veer Savarkar Marg, Prabhadevi,
Mumbai-400 025.
3. In view of the same, the Joint memo of compromise is recorded
and the suit is decreed in terms of the compromise. The memo of
compromise shall form part of the decree.
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07.03.2022
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Index : No
Internet : Yes
Speaking order
V.BHAVANI SUBBAROYAN, J.,
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C.S.No.357 of 2012
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07.03.2022
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