P.Anthonysamy vs /
2024 Latest Caselaw 15756 Mad

Madras High Court

P.Anthonysamy vs / on 13 August, 2024

                                                                                   C.S.No.11 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 13.08.2024

                                                        CORAM:

                         THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN

                                                    C.S.No.11 of 2024
                                                          and
                                                    O.A.No.42 of 2024
                                                          and
                                                    A.No.388 of 2024

                     1.P.Anthonysamy
                     2.John Selvaraj                                                .. Plaintiffs
                                                         /versus/

                     P.Devaraj                                                      .. Defendants

                                   This Civil Suit is filed under Order VII Rule 1 of C.P.C read
                     with Order IV Rule 1 of O.S.Rules, prayed for a judgment and decree
                     against the Defendant:-
                                   a).For a preliminary decree of partition allotting 1/3rd share
                     each to the plaintiffs and the defendant in the suit schedule property.
                                   b).To pass a final decree in terms of the preliminary decree by
                     appointing an Advocate Commissioner and to divide the suit property by
                     metes and bounds and allot 1/3rd share each to the plaintiffs and the
                     defendant in the suit schedule property.
                                   c).To grant permanent injunction there by restraining the
                     defendant and his men or agents working under the defendant from any
                     manner alienating or mortgaging or registering any further sale deed or

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                                                                                   C.S.No.11 of 2024

                     any deeds of conveyance property and morefully and particularly
                     described in the schedule to the plaint.
                                  d).Directing the defendant to furnish accounts or rents/money
                     for the period from 2003 to 2023 collected from the tenants who are
                     running shop in the schedule of property.
                                  e).To award costs.


                                      For Plaintiffs            : Mr.I.Arockia Selvaraj
                                      For Defendant             : Mr.G.Murali

                                                       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 05.06.2024, 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. The mediation process has become

successful. The Mediation and Conciliation Centre has now forwarded a

report dated 06.08.2024, enclosing a Joint Compromise Memo dated

05.08.2024 entered into between the parties.

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3.The said Joint Compromise Memo entered into between the

parties is affirmed by the learned counsels. Both the plaintiffs and the

defendant had also signed the Joint Compromise Memo by admitting the

terms therein.

4.In view of the same, the suit is decreed as per the Joint

Compromise Memo. No order as to costs. Consequently, connected

applications are closed. The Joint Compromise Memo shall form part of

the decree. The Registry may refund the Court fees in accordance with

the rules, to the Plaintiffs, on proper acknowledgment and undertaking.

                                                                                 13.08.2024

                     smv

                     Neutral Citiation     : Yes / No
                     Index                 : Yes / No
                     Speaking order        : Yes / No




                                                                RMT. TEEKAA RAMAN, J.

                                                                                            smv

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

and

and

13.08.2024

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