Madras High Court
Mrs.Soundaram Krishnan ... vs Mr.V.Ramaswamy on 3 August, 2023
C.S.No.454 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
C.S.No.454 of 2018
and
A.Nos.2044, 2984 & 2045 of 2022
1. Mrs.Soundaram Krishnan (Deceased)
2. Mrs.Malini
3. K.Sriraman
4. Mrs.Revathi Rangarajan
(Plaintiffs 2 to 4 are brought on record as legal
heirs of deceased plaintiff as per order dated 18.10.2022
passed in A.No.4123/2022)
... Plaintiffs
-Vs.-
1. Mr.V.Ramaswamy
2. Mrs.Ramakrishnan
3. Mrs.Geetha Venugopal
... Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of Original Side Rules r/w
Order VII Rule 1 of CPC, praying to pass a judgment and decree:
a) Directing the defendants to effect partition by metes and bounds the
property described fully in the schedule hereunder and allot 1/4th share to the
plaintiff;
b) Directing the defendants to pay to the plaintiff the costs of this suit;
and
1/4
https://www.mhc.tn.gov.in/judis
C.S.No.454 of 2018
c) granting such further or other reliefs as this Hon'ble Court may deem
fit and proper under the circumstances of the case and thus render justice.
For Plaintiffs : Mr.R.Murugan
For Defendants : Ms.Vasudha Thiagarajan
*****
JUDGMENT
The 4th plaintiff, who is residing in USA had executed a General Power
of attorney in favour of the 2nd plaintiff to sign, verify the affidavit and
Memorandum of Compromise in respect of the share of the 4th plaintiff in the
suit property. The General Power of Attorney executed by the 4th plaintiff has
been produced before this Court. The Memorandum of compromise has been
filed. When enquired, the parties signed the Memorandum of compromise
after accepting to its contents.
2. It is stated that the 2nd plaintiff has received money in view of the
shares for the plaintiffs to the tune of Rs.70,00,000/- as seen in the
Memorandum of compromise executed by the plaintiffs and the entire amount
is said to have been settled. The terms of compromise settled between the
parties for the above settlement is produced as document.
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C.S.No.454 of 2018
3. Since the 2nd plaintiff has received the payment on behalf of all the
plaintiffs and the plaintiffs 3 & 4 do not deny the same, I feel the terms of
memorandum of compromise can be recorded. The 3 rd plaintiff, who is present
before this Court, has also stated that it is the 2nd plaintiff, who had received
the money on behalf of the plaintiffs 3 & 4. Hence, the terms of compromise
is recorded.
4. Accordingly, the Civil Suit in CS.No.454 of 2018 is decreed in terms
of compromise and the terms of compromise shall form part of the decree.
03.08.2023
Index: Yes/No
Speaking Order : Yes/No
Neutral Citation Case: Yes/No
kmi
To
1. The Sub-Assistant Registrar, Original Side, High Court, Madras.
2. Record Keeper, Original Side Records Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.S.No.454 of 2018
R.N.MANJULA, J.
kmi
C.S.No.454 of 2018
03.08.2023
https://www.mhc.tn.gov.in/judis
