Madras High Court
R.Rajagopal vs R.Srinivasan (Deceased) on 7 February, 2023
C.S. No.608 of 2009 & T.O.S. No.33 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.02.2023
CORAM : JUSTICE N.SESHASAYEE
C.S. No.608 of 2009 and T.O.S. No.33 of 2010
C.S. No.608 of 2009
1.
R.Rajagopal
2.R.Krishnan
3.Smt.Radha Rangamani
4.Miss.Anita Rangamani
5.Pranitha Rangamani .... Plaintiffs
Vs
1.R.Srinivasan (Deceased)
2.Mrs.Sulochana
3.Mrs.Sripriya
4.Mrs.S.Suchitra .... Defendants
(Defendants 2 to 4 are brought on record as legal
heirs of the deceased sole defendant as per order
dated 22.07.2021 in A. No.1724 of 2021)
Prayer : Civil Suit filed under Order IV Rule of O.S. Rules read with Order
VII Rule 1 of CPC for a judgment and decree (a) directing the defendant to pay
the sum of Rs.28,30,685/- (being Rs.22,50,000/- towards principal and
Rs.5,30,685/- towards interest @ 6% p.a. from 21.03.2005 to 09.07.2009)
together with future interest @ 6% p.a. from the date of suit till date of
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C.S. No.608 of 2009 & T.O.S. No.33 of 2010
realisation; (b) by directing the properties in schedule items I and II by metes
and bounds and thereafter allot 1/4th share each to the plaintiffs 1, 2 and
defendant individually and to plaintiffs 3 to 5 jointly and (c) for costs of the
suit.
For Plaintiffs : Mr.S.Prasanth
for Sarvabhauman Associates
For Defendants : Mr.Swarnam J.Rajagopalan
T.O.S. No.33 of 2010
1.R.Srinivasan (Deceased)
2.Mrs.Sulochana
3.Mrs.Sripriya
4.Mrs.S.Suchitra .... Plaintiffs
(Plaintiffs 2 to 4 are brought on record as legal
heirs of the deceased sole defendant as per order
dated 22.07.2021 in A. No.1724 of 2021)
Vs
1.R.Rajagopal
2.R.Krishnan
3.Smt.Radha Rangamani
4.Miss.Anita Rangamani
5.Pranitha Rangamani .... Defendants
Prayer : Testamentary Original Suit filed under Sections 222 and 276 of the
Indian Succession Act XXXIX of 1925 Order XXV Rule 4 of the High Court
O.S. Rules, 1956 for grant of probate.
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C.S. No.608 of 2009 & T.O.S. No.33 of 2010
For Plaintiffs : Mr.Swarnam J.Rajagopalan
For Defendants : Mr.S.Prasanth
for Sarvabhauman Associates
COMMON JUDGMENT
By consent of parties, both the suits were referred for a mediated settlement of
the dispute between the parties. The mediation indeed was successful and the
parties have entered into a compromise. Compromise agreement, which the
parties have entered into before the Mediation Centre is also made available
before the court. The parties now require a decree in terms of the compromise
that they have now arrived at. By virtue of this compromise, the legatees under
the Will involved in the testamentary original suit in T.O.S. No.33 of 2010 give
up their right and consequently, the said Testamentary original suit is now
withdrawn. The other suit for partition in C.S. No.608 of 2009 is required to be
decreed in terms of the compromise arrived between the parties.
2. All the parties or their Power of Attorneys, as the case may be, appeared
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C.S. No.608 of 2009 & T.O.S. No.33 of 2010
before the court today and agreed to the terms of compromise. This court is also
satisfied about the legality of the compromise now entered into between the
parties.
3. This court now dismisses T.O.S. No.33 of 2010 as withdrawn. C.S. No.608
of 2009 is decreed in terms of the compromise and a decree be prepared as per
the compromise so arrived at. No costs.
07.02.2023
Asr
Note to office:
Issue judgment and decree on
08.02.2023.
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C.S. No.608 of 2009 & T.O.S. No.33 of 2010
N.SESHASAYEE.J.,
Asr
C.S. No.608 of 2009 and
T.O.S. No.33 of 2010
07.02.2023
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