S.Sharmila vs S.Surendra Babu @ Sudhakar
2023 Latest Caselaw 7559 Mad

                                                                          C.S.No.438 of 105 & T.O.S No.5 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 04.07.2023

                                                            CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                        C.S.No.438 of 2015 and O.A No.580 of 2015
                                                           and
                                          T.O.S No.5 of 2017 (O.P No.218 of 2016)


                    S.Sharmila                                               .. Plaintiff in
                                                                                C.S. No.438 of 2015 &
                                                                                Respondent in
                                                                                T.O.S No.5 of 2017

                                                                vs.

                    S.Surendra Babu @ Sudhakar                                .. Defendant in
                                                                                C.S. No.438 of 2015 &
                                                                                Petitioner in
                                                                                T.O.S No.5 of 2017

                    Prayer in C.S No.438 of 2015: Civil Suit filed under Order IV Rule 1 of
                    Original Side Rules read with Order VII Rule 1 of CPC, praying to pass the
                    following judgment and decree against the defendant.
                                       a) for preliminary decree of partition of the suit
                                  schedule properties and to allot 1/2 share to the plaintiff.


                                       b) To direct the defendant to pay 1/2 share to the
                                  plaintiff over the past rental income received from the
                                  tenants in the suit schedule Item-I property for a period of

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                                                                             C.S.No.438 of 105 & T.O.S No.5 of 2017

                                  three years before the date of the suit.


                                       c) To direct the defendant to pay 1/2 share to the
                                  plaintiff over the future rental income received from the
                                  tenants in the suit schedule Item-I property from the date
                                  of suit till a metes and bounds partition is effected.


                                    d) granting permanent injunction restraining the
                                  defendant, his men,a gents and any other person claiming
                                  through him from alienating or in any manner creating
                                  further encumbrance over the suit schedule properties
                                  until metes and bounds partition and separate allotment
                                  of the share to the plaintiffs is effected.


                                     e) To direct an enquiry under Order 20 Rule 12 of
                                  Civil Procedure Code for fixing the actual past and future
                                  rental income from the suit schedule Item- I property.


                                     f) to pay costs of this suit.


                    Prayer in T.O.S No.5 of 2017: Petition filed under Sections 232 and 276
                    of the Indian Succession Act 1925 and Order XXV Rule 5 of O.S Rules to
                    grant Letters of Administration with the Will annexed to him as the son
                    beneficiary under the Will of the deceased having effect throughout the
                    State of Tamil Nadu. As per order of this Court, the Original Petition
                    No.218 of 2016 was converted into Testamentary Original Suit No.5 of

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                                                                      C.S.No.438 of 105 & T.O.S No.5 of 2017

                    2017.

                                  For Plaintiff in
                                  C.S No.438 of 2015 &
                                  Respondent in TOS No.5 of 2017 : Mr.M.Mohideen Pitchai

                                  For Defendant in
                                  C.S No.438 of 2015 &
                                  Petitioner in TOS No.5 of 2017 : M/s.R.T.Shyamala



                                                 COMMON JUDGMENT



                            The Civil Suit is filed for partition, past and future mesne profits,

                    permanent injunction and for costs and the Testamentary Original Suit is

                    filed for grant of Letters of Administration.



                            2. The learned counsel on either side has submitted that the matter

                    has been settled between the parties before the Mediation Centre and they

                    have entered into a compromise. Pursuant to the same, they have filed a

                    Settlement Agreement dated 21.06.2023 which has been duly signed by

                    them and their respective counsel.



                            3. In view of the submissions made by the learned counsel on either


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                                                                   C.S.No.438 of 105 & T.O.S No.5 of 2017

                    side and recording the Settlement Agreement,          these two Suits stand

                    disposed of, in terms of the said Settlement Agreement, which shall form

                    part of the Decree. No costs. Court Fee is ordered to be refunded to the

                    plaintiff as per law. Consequently, connected original application is closed.



                                                                                04.07.2023
                    Index:Yes/No
                    Speaking/Non-speaking order:Yes/No
                    uma




                                                                             A.A.NAKKIRAN,J.

uma

https://www.mhc.tn.gov.in/judis C.S.No.438 of 105 & T.O.S No.5 of 2017

C.S.No.438 of 2015 and O.A No.580 of 2015 and T.O.S No.5 of 2017

04.07.2023

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