Madras High Court
Aishwarya Ramji vs Ashwathnarayan Ramji on 22 December, 2023
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
C.S.No.116 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.12.2023
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.116 of 2023
A.No.6855 of 2023
Aishwarya Ramji .. Plaintiff
Versus
Ashwathnarayan Ramji .. Defendant
Prayer in C.S.No.116 of 2023: Plaint filed under Order IV Rule 1 of the
Original Side Rules read with Order VII Rule 1 of the Code of Civil
Procedure, to pass a judgment and decree to:
a) divide the immovable properties described in schedule A as per the
shares held by the plaintiff and defendant, i.e., 84% and 16%
respectively by metes and bounds with reference to good and bad soil
and allot 84% share to the plaintiff;
b) Costs of the above suit.
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C.S.No.116 of 2023
For Plaintiff : Mr.Rahul Unnikrishnan
For Defendant : Ms.Vanathi Pannerselvam
COMMON JUDGMENT
This Civil Suit has been laid for dividing the immovable
properties described in schedule A as per the shares held by the plaintiff and
defendant, i.e., 84% and 16% respectively by metes and bounds with
reference to good and bad soil and allot 84% share to the plaintiff.
2. The application in A.No.6855 of 2023, has been filed to set
aside the ex parte order dated 06.10.2023 against the defendant and take the
written statement on file.
3. The plaintiff is the sister of the defendant, as the defendant set
exparte, the plaintiff side evidence has been recorded and closed. At this
stage, the above application has been filed against the ex parte order.
4. Now, both the parties are willing to divide the properties as per
their entitlement. The memo is also filed on the side of the defendant along
with the application to set aside the exparte order agreeing for partition.
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Such view of the matter, in order to give quietus to the matter, the
application in A.No.6855 of 2023 is ordered and the exparte order passed
against the defendant dated 06.10.2023 is set aside.
5. The plaintiff seeks a preliminary decree for partition of the suit
property at the ratio of 84:16. According to the plaintiff, she is entitled to
84% in the suit properties, whereas, the defendant is entitled to 16%. The
defendant has not disputed his entitlement and the memo filed by him also
confirms the same. Overall extent, the defendant is entitled to 710.4 sq.ft.,
out of the total area of 4437.50 sq.ft.,
6. The memo filed on behalf of the defendant is taken on record.
The defendant is also present through the video conferencing and he has
also admitted for partition of the property and filed Court Fee for allotment
of the shares. Both sides are agreeable for passing a final decree in the light
of the plan prepared by them. The plan is also signed by learned counsel
appearing for both sides. The portion delineated in yellow is allotted to the
defendant and the portion shown in white colour is allotted to the plaintiff.
The plan shall form part of the decree and judgement. It is also agreed
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between the parties that the plaintiff will dig a new bore well at their own
cost in the place allotted to the defendant at the request of the defendant. It
is also agreed, in the event, the bore well is not feasible in the place allotted
to the defendant, the plaintiff will give access to the existing bore well
which is situated in the place allotted to the plaintiff for the purpose of
drawing the water in the bore well by the defendant. It is also agreed by the
defendant that in the event of sale of properties allotted to him, the plaintiff
shall have the preferential right with the purchaser property.
7. Accordingly, the final decree is passed for division of
properties. The sketch shall be attached with the decree, since the Court Fee
is already paid by the defendant. Such view of the matter, the portion shown
in the yellow to around 710 sq.ft., allotted to the defendant and portion
shown in the white to around 3727.50 sq.ft., is allotted to the plaintiff.
Considering the nature of dispute and relationship between parties, no costs.
Consequently, connected application is closed. One month time is granted
to the parties to deposit the non judicial stamp papers for engrossing the
final decree.
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22.12.2023
dhk
List of Witnesses examined on the side of the Plaintiff :
1. P.W.1 Ms.Aishwarya Ramji
List of Exhibits marked on the side of the Plaintiff :
Sl. Exhibits Description of documents Date
Nos.
1 Ex.P1 Original parent sale deed registered as 21.02.1974
Document No.1917 of 2014 at the SRO,
Saidapet
2 Ex.P2 Original Sale Deed registered as Document 17.08.2000
No.1547 of 2000 at the SRO, Adyar
3 Ex.P3 Original judgement and decree in 30.08.2019
C.S.No.412 of 2008 along with
memorandum of settlement 17.03.2018
4 Ex.P4 Original deed of settlement executed by 06.02.2018
N.Ramji in favour of Mrs.Sharmila Ramji.
5 Ex.P5 Original deed of settlement executed by 11.02.2023
N.Ramji and Mrs.Sharmila in favour of
plaintiff
22.12.2023
dhk
Internet : Yes
Index : Yes / No
Speaking order / Non Speaking order
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N. SATHISH KUMAR, J.
dhk
To
The Sub-Assistant Registrar,
Original Side,
High Court, Madras.
22.12.2023
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