K.Karthikeyan vs K.Balasubramanian
2022 Latest Caselaw 15524 Mad

                                                                                     C.S.No.417 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 19.09.2022

                                                          CORAM:

                            THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                                    C.S.No.417 of 2019
                                                           and
                                                     A.No.927 of 2021

                     K.Karthikeyan                                                     .. Plaintiff
                                                           /versus/

                     K.Balasubramanian                                                 .. Defendant

                                   This Civil Suit is filed under Order IV Rule 1 of the Original
                     Side Rules read with Order VII Rule 1 of C.P.C, 1908, prayed for a
                     judgment and decree against the Defendants:-
                                   a).Pass a preliminary decree for partition of the suit schedule
                     property allotting 1/2 share each to the plaintiff and the defendant;
                                   b).Pass a final decree of partition partitioning the suit schedule
                     property by metes and bounds;
                                   c).Grant of permanent injunction restraining the defendant, his
                     men and agents, servants or persons acting on his behalf from in any
                     manner putting up any unauthorized construction or altering physical
                     features of the suit schedule property; and
                                   d).To pay the costs of the suit.




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https://www.mhc.tn.gov.in/judis
                                                                                   C.S.No.417 of 2019

                                      For Plaintiff             : Mr.K.Harishankar
                                      For Defendant             : Mr.S.A.Udayakumar

                                                      JUDGMENT

A joint memo of compromise dated 19.09.2022 had been

presented before me. The plaintiff, K.Karthikeyan is present in Court and

the learned counsel for the plaintiff is also present in Court. Similarly, the

Power of Attorney / son of the defendant, Rujupreet and the learned

counsel for the defendant are also present in Court. They all signed the

joint compromise memo. They affirmed that they signed the compromise

of memo and they are aware of the terms of joint compromise memo.

2.The suit had been filed for partition and separate possession.

Preliminary decree was effected by a compromise and such compromise

was recorded on 30.08.2019. A Commissioner had been appointed to

divide the property. Suggestions had been forwarded.

3.The parties have then again entered into a joint compromise

memo, which is now presented before me indicating the manner in which

the property would be enjoyed by them and a plan has also been annexed

to the compromise entered into between the plaintiff and the defendant.

https://www.mhc.tn.gov.in/judis C.S.No.417 of 2019

4.In view of the above observations, the suit is decreed in terms

of the joint compromise memo. No order as to costs. The joint

compromise memo and the plan which is annexed shall form part of the

decree. Consequently, the connected application is also closed.

19.09.2022

smv

Internet : Yes / No Index : Yes / No

https://www.mhc.tn.gov.in/judis C.S.No.417 of 2019

C.V.KARTHIKEYAN,J.

smv

C.S.No.417 of 2019 and A.No.927 of 2021

19.09.2022

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