Madras High Court
Ravi Krishna (Deceased) vs Arun Krishna Agarwal (Deceased) on 23 June, 2023
C.S. No.1003 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
C.S. No.1003 of 2005
1. Ravi Krishna (deceased)
2. Rajeev Krishna
Rep. by his Power Agent
Rohit Krishna
3. Rohit Krishna
4. Pramila Rani (deceased)
5. Sunita Agarwal
6. Sankalp Agarwal
7. Nuti Agarwal ... Plaintiffs
(Plaintiff 5 to 7 are brought on record as legal heirs of the deceased 1st
plaintiff as per order dated 01.06.2023 in A.No.2130 of 2023)
Vs.
1. Arun Krishna Agarwal (deceased)
2. Dhruv Krishna Agarwal (deceased)
3. Arvind Krishna Agarwal
4. Brijmani Devi (deceased)
5. Veena Agarwal
6. Madhu Agarwal
7. Akshat Agarwal
8. Siddharth Agarwal
9. Siddhi Agarwal ... Defendants
(Defendants 6 to 9 are brought on record as legal heirs of the deceased 1 st
defendant and defendants 8 and 9 are brought on record as legal heirs of
deceased second defendant as per the order dated 01.06.2023 in A.No.2130
to 2138 of 2023)
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C.S. No.1003 of 2005
Civil Suit is filed under Order IV Rule 1 C.P.C. of O.S.Rules read
with Order VII Rule 1 C.P.C. to pass a judgment and decree against the
defendants:
i) directing the defendants to execute the sale of the G schedule
property in favour of the plaintiffs for the relief of specific performance,
under the terms of Clause 12(f) of the Family Arrangement daed 18.09.2002
after receiving the sale consideration of Rs.30,00,000/- and on the failure of
the defendants to do so, order execution of the sale deed of the G Schedule
property in favour of the plaintiffs;
ii) directing the defendants to pay to the plaintiffs a sum of
Rs.2,00,000/- for the specific performance of Clause 12 (c) of the Family
Arrangement dated 18.09.2002 in respect of the D schedule property;
iii) for mandatory injunction directing the defendants to act as per the
Family Arrangement dated 18.09.2002 in respect of Clause 12 (d) of the A
schedule property and jointly sell the same and appropriate the proceeds as
per the terms of the Family Arrangement.
iv) for the mandatory injunction directing the defendants to act as per
the Family Arrangement dated 18.09.2002 in respect of Clause 12 (e) of the
“E & F” Schedule property and jointly sell the same and appropriate the
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C.S. No.1003 of 2005
proceeds as per the terms of the Family Arrangement.
v) for the mandatory injunction directing the defendants to act as per
the Family Arrangement dated 18.09.2002 in respect of Clause 12(a) &
12(b) of the B & C Schedule property and act as per the terms of the Family
Arrangement.
vi) for the mandatory injunction directing the defendants to withdraw
the E.P.No.1670 of 1992 pending on the file of the Hon'ble XI Assistant
City Civil Court at Chennai in terms of Clause 12 of the Family
Arrangement dated 18.09.2005 and on the failure of the defendants to
withdraw the E.P.No.1670 of 1992, direct the dismissal of the E.P.No.1670
of 1992.
vii) for the mandatory injunction directing the defendants to act as per
Clause 7 of the Family Arrangement dated 18.09.2002 and release the
properties of late Bhagwandas Agarwal in favour of the plaintiffs.
viii) directing the defendants to pay costs of the suit to the plaintiffs.
For Plaintiffs : Mr.S.Parthasarathy,
Senior Counsel
for M/s.Sarvabhauman Associates
For Defendants : Mr.B.Suresh for D1 to D3 & D5
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C.S. No.1003 of 2005
JUDGMENT
This matter is listed today under the caption “For reporting
settlement”.
2. The second plaintiff and sixth defendant appeared through Video
Conference and they were identified by their respective counsels. Rest of
the plaintiffs and the defendants are present today.
3. A copy of the Memorandum of Family Arrangement dated
27.08.2021 is filed. The parties are aware of the new Memorandum of
Family Arrangement dated 27.08.2021 entered into between themselves and
they have stated that they have affixed their signature by knowing fully well
its contents and its terms.
4. The Memorandum of Family Arrangement dated 27.08.2021 is
recorded. In view of the said Memorandum of Family Arrangement, the
Civil Suit is disposed as settled in terms of the Memorandum of Family
Arrangement dated 27.08.2021. No costs. Section II and III of the
Memorandum of Family Arrangement which contains the terms of the
agreement and terms of execution shall form part of the decree.
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C.S. No.1003 of 2005
5. The learned counsel for the plaintiffs submitted that in view of the
compromise entered into between the parties, the Execution Petition in
E.P.No.1670 of 1992 pending on the file the IX Assistant City Civil Court ,
Chennai, will get terminated.
6. Considering the submission made by the learned counsel for the
plaintiffs, the learned Judge, IX Assistant City Civil Court, Chennai, is
directed to pass suitable orders in this regard. Registry shall send back the
records relating to E.P.No.1670 of 1992 to the IX Assistant City Civil
Court, Chennai, if any, forthwith.
23.06.2023
Index : Yes/No
Speaking Order : Yes / No
bkn
Copy to:
The Judge, IX Assistant City Civil Court,
Chennai
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C.S. No.1003 of 2005
R.N.MANJULA, J.,
bkn
C.S. No.1003 of 2005
23.06.2023
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