M.Nowshed vs M.Jawahar
2023 Latest Caselaw 9645 Mad

                                                                                       C.S. No.50 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 03.08.2023

                                                              CORAM:

                                  THE HONOURABLE Ms. JUSTICE R.N.MANJULA

                                                        C.S. No.50 of 2023



                    M.Nowshed                                                              ... Plaintiff

                                                               Vs.

                    1. M.Jawahar
                    2. Rasheedha Basha
                    3. Syed Abuthahir
                    4. A.Razia Sultana
                    5. A.Syed Ahmed Kabir
                    6. Munir Jani
                    7. Syeda Muzheer Jani
                    8. Mubeen Sultana                                                  ... Defendants


                              Civil Suit is filed under Order IV Rule 1 r/w. Order XXIV of OS Rules
                    r/w. Order VII Rule 1 of C.P.C. prays for judgment and decree:
                              a) partition and separate possession of 1/3rd share to the plaintiff in
                    Schedule “A” & “B” properties in accordance with the Memorandum of
                    Family Arrangement dated 29.01.2022;
                              b) Costs to the suit.
                                    For Plaintiff         :   Mr.C.Suraj
                                    For Defendants        :   Mr.S.Udhayakumar


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https://www.mhc.tn.gov.in/judis
                                                                                      C.S. No.50 of 2023

                                                      JUDGMENT

A report is received from the mediation centre by stating that the

mediation is completed and the parties have arrived at a settlement between

themselves in accordance with the terms of the Memorandum of Settlement

and the same is enclosed along with the mediation report.

2. Today when the matter is taken up, the plaintiff is present through

Video Conference and he is identified by the learned counsel for the

plaintiff. The defendants 1, 2 & 8 are also present. The defendants 3, 4 & 5

are represented through their power agent the first defendant Mr.M.Jawahar.

The defendants 6 and 7 are represented through their power agent the 8 th

defendant.

3. A Memorandum of Family Settlement dated 26.07.2023 has been

filed by duly affixing the signatures of plaintiff, D1 for himself and on behalf

of D3, D4 & D5, D2 for herself, D8 for herself and on behalf of D6 and D7.

The parties have been identified through their respective counsels. The

respective counsels of the parties have also subscribed their signatures on the

Memorandum of Family Settlement.

https://www.mhc.tn.gov.in/judis C.S. No.50 of 2023

4. When enquired, the parties have stated that they have affixed their

signatures in the Memorandum of Family Settlement voluntarily after fully

agreeing to its terms. The said Memorandum of Family Settlement is

recorded.

5. In view of the above, the Civil Suit is decreed as settled out of

Court in terms of the Memorandum of Family Settlement dated 26.07.2023.

The terms of Memorandum of Family Settlement shall form a part of the

decree. The plaintiff is entitled to the refund of Court fee as per the

Judgment of the Hon'ble Supreme Court in “The High Court of Judicature

at Madras Vs. M.C.Subramanian and others” in S.L.P.Nos.3063 & 3064

of 2021 dated 17.02.2021. No costs.

                                                                                         03.08.2023
                    Index                 : Yes/No
                    Speaking Order        : Yes / No
                    bkn






https://www.mhc.tn.gov.in/judis
                                        C.S. No.50 of 2023



                                  R.N.MANJULA, J.,

                                                    bkn




                                   C.S. No.50 of 2023




                                           03.08.2023






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