Madras High Court
R.Vasudevan vs R.Rajagopal on 21 June, 2023
C.S. No.248/2010 & Tr.C.S.Nos.101 & 102 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
C.S. No.248/2010 &
Tr.C.S.Nos.101 & 102 / 2023
C.S.No.248 of 2010
1.
R.Vasudevan
2. V.Jayalakshmi ... Plaintiffs
Vs.
1. R.Rajagopal
2. R.Booma ... Defendants
Civil Suit is filed under Order IV Rule 1 of O.S.Rules read with Order
VII Rule 1 C.P.C. To pass a judgment and decree against the defendants
i) for partition and separate possession of their half share in the
property described in schedule hereunder by metes and bounds;
ii) directing the defendants jointly and severally to pay to the plaintiffs
the cost of this suit.
For Plaintiffs : Mr.R.Mukundan
For Defendants : Mr.Rahul Balaji
https://www.mhc.tn.gov.in/judis
C.S. No.248/2010 & Tr.C.S.Nos.101 & 102 / 2023
Tr.C.S.No.101 of 2010
1. R.Rajagopal
2. R.Booma ... Plaintiffs
Vs.
1. R.Sridharan
2. K.S.Padma Janaki
3 .R.Vasudevan
4. Sri Vishwaksena Builders Pvt.Ltd.,
Rep. by its Director, Mr.Ramabhadran
2/17, II Floor, Tilak Street,
Chennai – 600 017. ... Defendants
Civil Suit is filed under Order IV Rule 1 of O.S.Rules read with Order
VII Rule 1 C.P.C. to pass a judgment and decree;
i) of a permanent injunction, restraining the defendants, their men,
servants, agents, employees or any persons claiming thourgh or under them
from in any manner alienating or dealing with the 1/3rd share of first and
second defendants in the suit schedule property;
ii) of a permanent injunction, restraining the defendants, their men,
servants, agents, employees or any persons claiming through or under them
for in any manner interfering with the law possession and enjoyment of the
suit schedule property by the plaintiffs;
iii) to pay the cost of this suit.
For Plaintiffs : Mr.Rahul Balaji
For Defendants : Mr.R.Mukundan
https://www.mhc.tn.gov.in/judis
C.S. No.248/2010 & Tr.C.S.Nos.101 & 102 / 2023
Tr.C.S.No.102 of 2010
1. R.Sridharan
2. K.S.Padma Janaki ... Plaintiffs
Vs.
1. R.Rajagopal
2. R.Booma ... Defendants
Civil Suit is filed under Order IV Rule 1 of O.S.Rules read with Order
VII Rule 1 C.P.C. to pass a judgment and decree;
i) for partition and separate possession of the property described in
Schedule hereunder by metes and bounds and hand over 1/3rd share in the
property to the plaintiffs herein;
ii) directing the defendants to pay a sum of Rs.3,60,000/- being the
plaintiffs' share in the rental income from the property described in Schedule
hereunder from 01.10.2006 till date of plaint;
iii) directing the defendants to render true and proper accounts of the
rental income received from the property described in Schedule hereunder
and pay over 1/3 rd share to the plaintiffs herein from the date of plainti till
date of delivery of possession of the plaintiff's share in the plaint schedule
property;
iv) directing the defendants jointly and severally to pay to the
plaintiffs the costs of this suit.
For Plaintiffs : Mr.Rahul Balaji
For Defendants : Mr.K.Ganesan
https://www.mhc.tn.gov.in/judis
C.S. No.248/2010 & Tr.C.S.Nos.101 & 102 / 2023
COMMON JUDGMENT
On 05.06.2023 this Court has passed the following order:
“ Mediation report received by stating that the mediation completed
and the parties have also arrived at an agreement as seen in the terms of
compromise.
2. The learned counsels for both sides submitted that there are
connected suits pending in O.S.Nos.1950 & 1951 of 2021 before VI
Additional City Civil Court, Chennai.
3. By virtue of an order dated 19.01.2023, this Court passed a suo
motu order to withdraw the suit proceedings in O.S.Nos.1950 & 1951 of
2021 pending on the file of VI Additional City Civil Court, Chennai and
transfer it to the file of this Court and list it along with C.S.No.248 of 2010.
4. It is seen that so far the case records of the above suits have not been
received and listed. Hence, the Registry is directed to take immediate steps
to call for the said case records pursuant to the order of this Court dated
19.01.2023.
5. Since the learned counsels for both sides submitted that the subject
matter in O.S.Nos.1950 & 1951 of 2021 have also been settled, all the three
suits are ordered to be listed under the caption “for reporting settlement”
on 14.06.2023. ”
2. In compliance of the above direction, the records relating to the
suits in O.S.Nos.1950 & 1951 of 2021 pending on the file of VI Additional
City Civil Court, Chennai have been called and the same are renumbered as
Tr.C.S.Nos.101 and 102 of 2023.
https://www.mhc.tn.gov.in/judis
C.S. No.248/2010 & Tr.C.S.Nos.101 & 102 / 2023
3. The suits in C.S.No.248 of 2010 and Tr.C.S.No.102 of 2023 are
filed for partition. The claim made in both the suits have been settled
between the parties in terms of the settlement agreement dated 24.04.2023
arrived between the parties before the Mediator.
4. Tr.C.S.No.101 of 2023 has been filed for permanent injunction. In
view of the settlement arrived in C.S.No.248 of 2010 and Tr.C.S.No.102 of
2023 the other suit in Tr.C.S.No.101 of 2023 has become infructuous.
4. Accordingly, the suits in C.S.No.248 of 2010 and Tr.C.S.No.102 of
2023 are decreed in terms of the settlement agreement and the suit in
Tr.C.S.No.101 of 2023 is dismissed as infructuous. No costs. The settlement
agreement shall form part of the decree.
21.06.2023
Index : Yes/No
Speaking Order : Yes / No
bkn
https://www.mhc.tn.gov.in/judis
C.S. No.248/2010 & Tr.C.S.Nos.101 & 102 / 2023
R.N.MANJULA, J.,
bkn
C.S. No.248/2010 &
Tr.C.S.Nos.101 & 102 / 2023
21.06.2023
https://www.mhc.tn.gov.in/judis
