Madras High Court
Gokul G.Ra vs / on 8 August, 2024
C.S.No.38 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN
C.S.No.38 of 2024
and
O.A.Nos.110 & 111 of 2024
and
A.No.891 of 2024
1.Gokul G.Ra.
2.Rakesh R
3.Gautam Srinivas
4.Arvind Srinivas .. Plaintiffs
/versus/
1.Gomathi Radhakrishnan
2.Jayanthi Radhakrishnan .. Defendants
This Civil Suit is filed under Order IV Rule 1 and Order XXIV
Rule 1 of Original Side Rules read with Order VII Rule 1 of C.P.C, 1908,
prayed for a judgment and decree against the Defendants:-
a).For a preliminary decree declaring that share of the suit
properties morefully described in the schedule hereunder into 6 shares as
mentioned below by metes and bounds and to deliver respective shares to
the plaintiffs, within such time that this Court stipulate and in default of
the defendants so doing, to pass a final decree for partition in favour of
the plaintiffs:
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https://www.mhc.tn.gov.in/judis
C.S.No.38 of 2024
a).The 1st plaintiff is entitled to 1/5th share
b).The 2nd plaintiff is entitled to 1/5th share
c).The 1st defendant is entitled to 1/5th share
d).The 2nd defendant is entitled to 1/5th share
e).The 3rd plaintiff is entitled to 1/10th share out of 1/5th share.
f).The 4th plaintiff is entitled to 1/10th share out of 1/5th share.
b).For permanent injunction restraining the defendants from in
any manner encumbering, alienating, transferring, or dealing with any
part of the suit schedule properties morefully described hereunder;
c).Directing the defendants to pay the plaintiffs mesne profits
after taking accounts in respect of the plaintiffs' shares of the schedule
mentioned properties;
d).For mandatory injunction directing the defendants to
disclose all movable and immovable properties left by the deceased
Mr.Radhakrishnan and render account and pay the respective shares to
the plaintiffs out of the total assets;
e).For cost of this suit.
For Plaintiff : Mr.Anupam Raghuraman
For M/s.Raman & Associates
For Defendants : Mr.P.R.Dhilipkumar
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https://www.mhc.tn.gov.in/judis
C.S.No.38 of 2024
JUDGMENT
The suit had been filed seeking partition of the suit schedule
properties, morefully described in the schedule to the plaint.
2.By order dated 10.06.2024, the matter had been referred to
the Mediation and Conciliation Centre, High Court of Madras, for an
effort to be made to settle the issues. Accordingly, Hon'ble Mr.Justice
N.Paul Vasanthakumar, Former Chief Justice of Jammu and Kashmir
High Court, was appointed as mediator. The mediation process has
become successful. The Mediation and Conciliation Centre has now
forwarded a report dated 02.08.2024, enclosing a Memorandum of
Settlement dated 31.07.2024 entered into between the parties.
3.The said Memorandum of Settlement entered into between
the parties is affirmed by the learned counsels. Both the plaintiffs and the
defendants are present in Court and they admitted to their signatures and
also the terms of the settlement.
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4.In view of the same, the suit is decreed as per the
Memorandum of Settlement. No order as to costs. Consequently,
connected applications are closed. The Memorandum of Settlement shall
form part of the decree. The Registry may refund the Court fees in
accordance with the rules, to the Plaintiff, on proper acknowledgment
and undertaking.
08.08.2024
smv
Neutral Citiation : Yes / No
Index : Yes / No
Speaking order : Yes / No
https://www.mhc.tn.gov.in/judis
RMT. TEEKAA RAMAN, J.
smv
08.08.2024
https://www.mhc.tn.gov.in/judis
