Madras High Court
K. Mohamed Saif vs K.Sajjad Ahmed on 5 September, 2023
C.S. No.77 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2023
CORAM:
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
C.S. No.77 of 2018
1. K. Mohamed Saif
Rep. by his Power of Attorney Agent
H.Mohamed Ayaz
2. K.KhudsiaNasreen
3. AthiyaNasreenViqar
Rep. by his Power of Attorney Agent
H.Mohamed Ayaz
4. K.RafiaParveen ... Plaintiffs
Vs.
1. K.Sajjad Ahmed
2. Standard Charted Bank (Formerly known as The Charted Bank)
Having branch at No.19, Rajaji Salai,
Parrys, Chennai – 600 001. ... Defendants
(2nd defendant is impleaded as per Order dated 13.11.2018 in A.No.1789 of
2018)
Civil Suit is filed under Order IV Rule 1 of OS Rules r/w. Order VII
Rule 1 of C.P.C. prays for judgment and decree:
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C.S. No.77 of 2018
a) declaring the unregistered Declaration of Cholavaram Nargis
Begum dated 02.05.2003 recording the Oral gift by way of Hiba dated
30.04.2003 in favour of Mr.K.Mohammed Kamaluddin, as shamm, nominal
and not binding on the Plaintiffs as being non est in law;
b) declaring the Settlement Deed dated 15.03.2017, registered as
Doc.No.626 of 2017 in the SRO, Periamet, executed by Mr.K.Mohammed
Kamaluddin in favour of the first defendant as sham, nominal and not
binding on the plaintiffs as being non est in law;
c) declaring the Settlement deed dated 16.10.2014 and registered as
Doc.No.4528 of 2014 in the SRO, Purasawakkam, executed by
Mr.K.Mohammed Kamaluddin in favour of the first defendant as sham,
nominal and not binding on the plaintiffs as being non est in law;
d) pass a preliminary decree for partition of the properties specified in
schedule (Items A to E) by metes and bounds and to allot share to each of the
plaintiffs in the said properties as per Islamic law, allotting 2/7 share in the
properties to the first plaintiff and 1/7 share each to plaintiffs 2 to 4 and for
separate possession of the same;
e) direct the first defendant to render accounts in respect of the monies
/ rents received from the Schedule A-E mentioned properties from July 2017;
f) declaring the Memorandum of deposit of title deeds dated
15.11.2017 which has been registered as Doc.No.3120 of 2017 in Book 1 of
the SRO, Periamet executed by the first defendant in favour of second
defendant herein as null and void and not binding on the plaintiffs.
g) Cost of this suit.
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C.S. No.77 of 2018
For Plaintiffs : Mr.K.M.Aasim Shehzad
For Defendants : Mr.Zaffarullah Khan for D1
Mr.P.S.Sashank for D2
JUDGMENT
This matter is listed today under the caption “For memo of
compromise”.
2. The learned counsel for the plaintiffs submitted that the parties have
arrived at a settlement between themselves and entered into a Joint
Memorandum of Compromise.
3. The first and third plaintiffs are represented through their Power of
Attorney H.Mohamed Ayaz. The second and fourth plaintiffs are present
along with the first defendant. The second defendant is a bank in whose
favour the first defendant have executed a mortgage in respect of 'A'
schedule property.
4. As per the arrangement entered into between the parties, they have
agreed to allow the 'A' schedule property to be retained in the share of the
first defendant. The second defendant bank is not a party to the terms of
compromise arrived between the parties and the interest of the bank is said to
have been saved in view of the compromise. The learned counsel for the
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C.S. No.77 of 2018
plaintiff had made an endorsement to exonerate the second defendant from
the suit. Accordingly, the second defendant has been exonerated.
5. The rest of the parties have signed in the Joint Memorandum of
Compromise by agreeing to the terms found therein. The parties were
explained about the terms for which they have agreed. They submitted
before the Court that they have affixed their signatures voluntarily in the
terms of compromise after having fully read and accepted to its terms and
conditions.
6. In view of the above, the Civil Suit is decreed as settled out of
Court in terms of Memorandum of Compromise dated 01.09.2023. The
Memorandum of Compromise dated 01.09.2023 shall form part of the
decree. The plaintiffs are entitled to the refund of Court fee as per the
Judgment of the Hon'ble Supreme Court in “The High Court of Judicature
at Madras Vs. M.C.Subramanian and others” in S.L.P.Nos.3063 & 3064
of 2021 dated 17.02.2021. No costs.
05.09.2023
bkn
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C.S. No.77 of 2018
R.N.MANJULA, J.,
bkn
C.S. No.77 of 2018
05.09.2023
https://www.mhc.tn.gov.in/judis
