Madras High Court
S.M.Shameem vs Mohideen Fathima on 31 January, 2023
C.S.No.677 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.S.No.677 of 2015
1.S.M.Shameem
2.M.Thaiba Beevi ... Plaintiffs
Vs.
1.Mohideen Fathima
2.S.M.Waheetha Banu
3.N.Shik Mohamed ... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original
Side Rules read with Order VII Rule 1 of C.P.C praying to pass a decree and
judgment
(a) for passing of preliminary decree for partition of the “A” schedule
mentioned properties and allot 1/3rd share of the 1st plaintiff in each of the
items of plaint “A” schedule properties, by metes and bound and with
reference to value thereof and put the 1st plaintiff into separate possession
thereof;
(b) for passing of preliminary decree for partition of the “B” schedule
mentioned properties and allot 7/24 share of the 1st plaintiff and 3/24 share
of the 2nd plaintiff in each of the items of plaint “B” Schedule properties, by
metes and bounds and with reference to value thereof and put the plaintiffs
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C.S.No.677 of 2015
into separate possession of their respective shares thereof;
(c)for appointment of an Advocate Commissioner to divide the suit
properties and allot the share of the plaintiffs as per the preliminary decree
being passed;
(d)directing the defendants 2 and 3 to furnish the accounts relating to the
business M/s.S.M.Moosa & Co, more fully described in the “C” schedule
hereunder and pay the 1st plaintiff's share in net profit, stock in trade and
goods kept therein.
(e)for permanent injunction restraining the defendants, their men, agents,
servants and anyone claiming through them from alienating or encumbering
the “A” & “B” schedule mentioned properties by sale, mortgage, settlement
etc., or in any other manner till the effectuation of the partition of the “A” &
“B” schedule mentioned properties;
(f)for permanent injunction restraining the defendants, their men, agents,
servants and anyone claiming through them from interfering with the
possession of the 1st plaintiff and disturbing the tenants under the control of
the 1st plaintiff in Item No.1 of “A” schedule mentioned property i.e. the rear
side flat in Ground Floor (with E.B. Service Connection No.163-012-481)
and rear side flat in First Floor (with E.B. Service Connection No.163-012-
498) at Door No.116, “L” Block, 17th Street, Anna Nagar East, Chennai
600102 till the effectuation of the partition of the “A” & “B” schedule
mentioned proper and for costs.
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C.S.No.677 of 2015
For Plaintiffs : Mr. V.Meenakshi Sundaram
For Defendants : Ms.S.Hemalatha
JUDGMENT
The Mediation efforts have been successful and the parties have very
amicably resolved their outstanding dispute involved in this litigation.
Formal agreement was also signed before the Mediator. The said report of
the Mediator along with the signed agreement of the parties are also made
available.
2.This Court perused the agreement and finds that it is legal and valid.
3.In terms of the agreement so arrived, the suit is decreed. The settlement
agreement dated 23.01.2023 is made part of the decree. The Registry is
required to refund the Court fee as per law. No costs.
31.01.2023
kas
N.SESHASAYEE, J.
kas
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C.S.No.677 of 2015
C.S.No.677 of 2015
31.01.2023
https://www.mhc.tn.gov.in/judis
