Mrs.G.Jothi vs Mrs.D.Shanthi
2023 Latest Caselaw 1458 Mad

Citation : 2023 Latest Caselaw 1458 Mad
Judgement Date : 7 February, 2023

Madras High Court

Mrs.G.Jothi vs Mrs.D.Shanthi on 7 February, 2023

                                                                              C.S. No.68 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 07.02.2023

                                                         CORAM

                        THE HONOURABLE MR.JUSTICE SENTHILKUMARRAMAMOORTHY

                                               C.S. No.68 of 2018
                                                      and
                                            A.Nos.2527 & 2528 of 2022

                     Mrs.G.Jothi,
                     New No.339, Old No.211, Periyar EVR High Road,
                     Aminjikarai, Chennai-600 029.                      ... Plaintiff

                                                          vs.

                     1.Mrs.D.Shanthi,
                       No.301, 3rd Floor, Deepa Block,
                       Chitra Avenue, Choolaimedu,
                       Chennai-600 094.

                     2.Mrs.D.Sivagamasundari,
                       No.7, New Manjunatha Layout,
                       Kowdeanahalli, Ramamoorthy Nagar,
                       Bengaluru, Karnataka State.

                     3.Selvi.C.Yuvashree, Minor aged 14 years,
                       represented by Father and natural
                       guardian Dr.Chinnathambi Natarajan,
                       No.323, Bharathi Street,
                       Nataraja Thirumana Mandapam,
                       Pondicherry-605 001.
                       (3rd Defendant is declared as major and
                       discharged the Court Guardian M/s.Vasudha
                       Thiagarajan, Advocate by order dated
                        01.10.2021 in A.No.3540 and 3541 of 2021)

                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                           C.S. No.68 of 2018



                     4. Dr.Chinnathambi Natarajan,
                        No.323, Bharathi Street,
                        Nataraja Thirumana Mandapam,
                        Pondicherry-605 001.                                       ... Defendants


                     PRAYER: Plaint filed under IV Rule 1 of Original Side Rules and Order

                     VII Rule 1 of Civil Procedure Code, prayed for Judgment and Decree:-



                                  (a) declaring the Plaintiff's 1/4th share in Item Nos.1, 2 and 3 of the

                     Schedule properties morefully set out in the schedule hereunder and put the

                     Plaintiff in separate possession of her 1/4th share by dividing the schedule

                     properties Item Nos.1, 2 and 3 by metes and bounds.

                                  (b) Directing the First and Second Defendants to pay to the Plaintiff

                     the sum of Rs.4,58,671/- towards Plaintiff's share of rental income from

                     August 2016 to November 2017.

                                  (c) Directing the First and Second Defendants to pay to the Plaintiff

                     the sum of Rs.40,000/- per month towards Plaintiff's share of future rental

                     income from the date of filing till final adjudication.

                                  (d) to pay the cost of the suit.




                     2/6
https://www.mhc.tn.gov.in/judis
                                                                                             C.S. No.68 of 2018

                                        For Plaintiff       : Mr.T.Raja Mohan

                                        For Defendants    : Mr.K.Bijai Sundar for D1 & D2
                                                            No appearance for D3 & D4
                                                           **********
                                                         JUDGMENT

The suit was filed to declare the plaintiff's 1/4th share in item Nos.1, 2

and 3 of the suit schedule properties and for monetary relief against the 1 st

and 2nd defendants. All the suit schedule properties are in the name of

G.Dhandapani, whose mother, wife and daughter are the plaintiff, 1st and 2nd

defendants, respectively.

2. Upon reference to the Mediation Centre annexed to this Court, the

plaintiff, on the one hand, and the 1 st and 2nd defendants, on the other, have

drawn up a Memorandum of Compromise dated 25.01.2023. The 3rd and 4th

defendants did not participate in the mediation proceeding. In the

memorandum of compromise, the non-participation of the 3rd and 4th

defendants has been dealt with in paragraph 5 thereof, which reads as

under:

“5. As the Third and the Fourth Defendants have

https://www.mhc.tn.gov.in/judis C.S. No.68 of 2018

not chosen to make any claim or contest the suit proceedings either in person or their counsels M.V.Vijaya Basker, N.Fidelia and D.M.Sankaranathan who have filed their vakalath on their behalf and in the event of either of them challenging this Partition, both the Plaintiff on one side and the First and Second Defendants on the other, would be equally responsible.”

3. In the Memorandum of Compromise, Item No.3 of the suit schedule

property has been allotted to the plaintiff and Item Nos.1 and 2 have been

allotted jointly to the 1st and 2nd defendants. The parties have agreed to bear

the requisite court fees on the basis of the terms of compromise.

4. Upon examining the Memorandum of Compromise, I see no legal

impediment to the issuance of a decree in terms thereof.

5. Accordingly, C.S. No.68 of 2018 is decreed in terms of the

Memorandum of Compromise dated 25.01.2023. The said Memorandum of

Compromise shall form an integral part of this decree. In view of the

settlement, there shall be no order as to costs. Consequently, A.No.2527

and 2528 of 2022 are closed.

https://www.mhc.tn.gov.in/judis C.S. No.68 of 2018