Madras High Court
G.Ravi vs Smt.Bhuvaneshwari on 14 October, 2022
C.S.No.46 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Civil Suit No.46 of 2020
and
Original Application Nos.80 & 81 of 2020
G.Ravi ... Plaintiff
versus
1.Smt.Bhuvaneshwari
2.G.Thiyagarajan
3.G.Jayakumar ... Defendants
Prayer: The Civil Suit filed under Order IV Rule 1 of the Original Side
Rules, read with Order VII Rule 1 of CPC., seeking to pass a preliminary
decree for effecting partition of the suit immovable properties morefully
described in the Schedules A, B, C & D into three equal parts and passing a
final decree allotting one third share to the plaintiff from and out of the suit
immovable properties in Schedule A, B, C & D and directing the defendants
2 and 3 to render true and proper audited accounts and as submitted to
income tax authorities regarding the business M/s.Guna & Co., and
directing the defendants 2 & 3 to pay the plaintiff his one third share in the
value of the business M/s.Guna & Co., together with interest at the rate of
12% per annum as on the date of death of A.K.Gunakaran i.e., from
1/8
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C.S.No.46 of 2020
10.10.2013 till the date of payment and directing the defendants 2 & 3 to
return the 27 sovereigns of jewels received by them from the plaintiff for
raising loan from the Bank and also directing the defendants 2 & 3 to pay
the plaintiff the costs of this suit.
For Plaintiff : Mr.Ravi Meenakshisundaram
For D1 to D3 : Mr.N.Sivaprakash
JUDGMENT
The plaintiff, G.Ravi, the 1st defendant his mother, Tmt.
Bhuvaneshwari, the 2nd defendant his brother, G.Thiyagarajan and the 3rd
defendant his another brother, G.Jayakumar are present before this Court.
2. The matter was called in the forenoon session and later taken up in
the afternoon session.
3. The mother is aged 85 years and her presence was dispensed with
from appearing in the afternoon session.
4. Both the learned counsels are also present.
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C.S.No.46 of 2020
5. A Compromise Memo had been filed, which had been signed by
the plaintiff and by the three defendants. They had mutually agreed to allot
schedule 'A' and 'B' which are two flats in Velacherry to the plaintiff,
schedule 'C' to be divided into three portions and one portion each to be
allotted to the plaintiff, 2nd and 3rd defendants in accordance with the plan
annexed by the Memo of Compromise, Schedule 'D' to be jointly allotted to
the 2nd and 3rd defendants which is house at Adyar and Schedule 'E', the
Medical Shop by name M/s.Guna and Company to be run jointly by the 2nd
and 3rd defendants.
6. There is also a declaration relating to the 1 st defendant that she
does not require any share in any of the properties allotted either to the
plaintiff or the 2nd and 3rd defendants, since she is aged 85 years. There is
also a declaration regarding jewels worth about 27 sovereigns, which is the
2nd and 3rd defendants have agreed to return to the plaintiff, within a period
of six months from this date. There is also a further declaration with respect
to the property which is to be used in common, namely schedule 'C'. The
plaintiff and the 2nd and 3rd defendants will permit the other to enter the
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C.S.No.46 of 2020
passage in the portion allotted to them for carrying out repairs and regular
maintenance. The plaintiff and the 2nd and 3rd defendants may also enjoy
the open terrace but however only to the spaces which are directly about the
respective portions allotted to them. I am confident that there would not be
any issue of enjoying more space than, what had been allotted in the
entirety of the building from the ground floor to the open terrace in the said
property.
7. I am confident that the plaintiff and the three defendants would
adhere to the terms of compromise. They have also assured that they would
do so.
8. In addition to this, arrangement in order to provide a security to
the 1st defendant and incidentally to the respective wifes of the plaintiff and
the 2nd and 3rd defendants, I would direct the plaintiff and the 2nd and 3rd
defendants to independently open three separate Savings Bank Accounts in
any bank in the joint names of their respective wifes and also include the 1st
defendant in that particular account in the nature of 'either or survivor'
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C.S.No.46 of 2020
account and the plaintiff and the 2nd and 3rd defendants must deposit a sum
of Rs.5,000/- [Rupees Five Thousand Only] every month, which would
accrue as a small savings amount as security for the 1 st defendant, but
ultimately for the wifes of the plaintiff and the 2nd and 3rd defendants.
9. This one additional condition has also been agreed by the plaintiff
and the 2nd and 3rd defendants who also assured and that they would so
open the said savings bank account. I am confident that they would be do
so within a reasonable period of time and continue to deposit the said
amount of Rs.5,000/- as undertaken and as stated in this order.
10. This Court places its deep appreciation to the learned counsel for
the plaintiff, Mr.Ravi Meenakshisundaram and also to Mr.N.Sivaprakash,
the learned counsel for the defendants for enabling a compromise to be
effected within the family and bringing to an end, a litigation, which has
been now pending for the past two years and which might have dragged on
for a decade or more.
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C.S.No.46 of 2020
11. It is hoped that the peace has been brought about within the
family would continue to the next generation also.
12. The Civil Suit is decreed as per the terms of Compromise. The
Compromise Memo with plan to be annexed with the decree. No order as to
costs. Consequently, the connected applications are closed.
13. Since the matter has ended in a compromise and only the proof
affidavit had been filed by the plaintiff, the Registry may examine the issue
of return of Court Fees as no effective trial had been conducted, except for
filing proof affidavit Refund of Court fees may be granted in accordance
with rules to the plaintiff.
14.10.2022
Index:Yes/No
Speaking Order : Yes/No
ssi
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C.S.No.46 of 2020
List of Witnesses Examined:
1. G.Ravi (PW1)
List of Exhibits Marked:
1. Ex.P1 is the downloaded certified copy of the Sale Deed,
Doc.No.1193/1999, dated 30.08.1990.
2. Ex.P2 is the downloaded Certified copy of the Sale Deed,
Doc.No.1194/1999, dated 30.08.1990.
3. Ex.P3 is the downloaded Certified copy of the Sale Deed, Doc
No.918/1993, dated 14.06.1993.
4. Ex.P4 is the downloaded Certified copy of the Sale Deed,
Doc.No.943/1993, dated 16.06.1993.
5. Ex.P5 is the downloaded Certified copy of the Sale Deed,
Doc.No.3133/1999, dated 23.09.1999.
6. Ex.P6 is the downloaded Certified copy of the Sale Deed,
Doc.No.3134/1999, dated 23.09.1999.
7. Ex.P7 is the downloaded Certified copy of the Sale Deed,
Doc.No.1443/2001, dated 18.06.2001.
8. Ex.P8 is the copy of the Letter, dated 14.11.2019.
9. Ex.P9 (series) (3 Nos.) are the original Acknowledgment Cards,
dated 15.11.2019.
14.10.2022
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C.S.No.46 of 2020
C.V.KARTHIKEYAN,J.,
ssi
C.S.No.46 of 2020
12.10.2022
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