Gunda Ramani vs N.Ratnakumar
2023 Latest Caselaw 1660 Mad

                                                                                   C.S.No.299 of 2016

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 01.03.2023

                                           CORAM : JUSTICE N.SESHASAYEE

                                                    C.S.No.299 of 2016
                                                 A.Nos.1843 & 1844 of 2022


                     1.Gunda Ramani
                       Rep by her Power of Attorney
                       Mr.Karthik Chander

                     2.Rangavalli
                     3.Pathi Lakshmi Kiran
                       Rep by her Power of Attorney
                       Mr.Karthik Chander                             ...           Plaintiffs

                                                               Vs.

                     1.N.Ratnakumar
                     2.N.Narasimha Rao                                ...           Defendants

                     Prayer : Civil Suit filed under Order IV Rule 1 of O.S. Rules read with
                     Order VII Rule 1 of the CPC., praying to pass preliminary judgment and
                     decree against the defendants :
                                   (a) For partition and allotment of 1/5th share to each of the
                                      plaintiffs in the property bearing No.2 (Old No.87) 4th Main
                                      Road, Gandhi Nagar, Adyar, Chennai - 600 020, by metes
                                      and bounds morefully described in the Schedule to the plaint
                                      and for an enquiry into the mesne profits;
                                   (b) For costs of this suit; and
                                   (c) And pass such further or other reliefs as this Court may

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                                                                               C.S.No.299 of 2016

                                  deem fit and proper in the facts and circumstances of the
                                  case.

                                  For Plaintiffs             : Mr.S.K.Rahul Vivek
                                  For Defendants             : Mr.S.Sundaresan

                                                    JUDGMENT

Challenging the preliminary decree, the defendants 1 and 2 have

preferred O.SA.No.223/2022. In the meantime, the parties have

compromised the matter in the final decree proceedings. There are three

plaintiffs, of who the first plaintiff Gundu Ramani and the third plaintiff

Pathi Lakshmi Kiran are represented by their duly appointed Power of

Attorney Mr.Karthik Chander. He has signed the memo of compromise

twice, one as representing the first plaintiff and the other representing the

third plaintiff. The second plaintiff is Mr.Karthik Chander's wife and she

has signed the compromise memo, and whose signature is identified by

Mr.Karthik Chander himself. She has not appeared before the Court as

she underwent a major surgery to her spinal cord.

2. Turning to the defendants, both N.Rathna Kumar and N.Narasimha

Rao appeared before the Court, of whom, N.Narasimha Rao is

convalescing after hospitalization, appeared through virtual court.

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C.S.No.299 of 2016

3. All agreed to the terms of compromise and this Court is satisfied with

the legality of the compromise. Accordingly, the compromise is

recorded, and the suit is decreed in terms of the compromise. There shall

be no order as to costs. Consequently, connected applications are closed.

01.03.2023

ds

Index : Yes / No Internet : Yes / No

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C.S.No.299 of 2016

N.SESHASAYEE.J.,

ds

C.S.No.299 of 2016

01.03.2023

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