Madras High Court
B.S.Hemavathy vs Dr.B.S.Varadarajulu (Deceased) on 1 July, 2024
C.S.No.80 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :01.07.2024
CORAM:
THE HON'BLE MR. JUSTICE P.B. BALAJI
C.S.No.80 of 2016
and A.Nos.4723 of 2023 and 3952 of 2019
1.B.S.Hemavathy
2.B.S.Sujatha Visalakshi
3.B.S.Prasanna Kumar
(3rd Plaintiff declared major as per order
dated 13.07.2006 in Application No.
2294 of 2006) .... Plaintiffs
vs
Dr.B.S.Varadarajulu (deceased)
P.P.Vasantha
(Impleaded as per order of the Hon'ble Master
passed on 30.07.2002 in Application No.41 of
2002 and Application No.5183 of 2002 dated
12.02.2002) ... Defendant
Plaint filed under Order IV Rule 1 and Order XXIV of O.S. Rules read
with Order VII Rule 1 of Civil Procedure Code praying for (a) partition of the
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C.S.No.80 of 2016
properties houses ground and premises No.17, Venkatesapuram Colony South
Street, Ayanavaram, Madras – 600 023, and No.53 AF Block, Plot No.2199,
11th Main Road, Anna Nagar, Madras – 600 040, more fully and particularly
described in the Schedule hereunder, my metes and bounds and allot the
Plaintiffs half share in them; (b) for rendition of accounts in respect of rental
collections of the suit properties from 1.8.1994 and to pay half share to the
plaintiffs and © for permanent injunction restraining the defendant or his men
or servants or any body on his behalf from interfering with the quite and
peaceful possession and enjoyment of the entire ground floor except one room
and the front portion in the first floor of the Item I of the plaintiff schedule
property in any manner whatsoever, except under due process of law.
For Plaintiffs : Mr.T.Karunakaran
For Defendant : Mr.V.Balasubramanian
JUDGMENT
The suit is filed praying for partition of the properties, houses, ground
and premises No.17, Venkatesapuram Colony South Street, Ayanavaram,
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Madras – 600 023, and No.53 AF Block, Plot No.2199, 11 th Main Road, Anna
Nagar, Madras – 600 040, more fully and particularly described in the Schedule
hereunder, my metes and bounds and allot the Plaintiffs half share in them; for
rendition of accounts in respect of rental collections of the suit properties from
1.8.1994 and to pay half share to the plaintiffs and for permanent injunction
restraining the defendant or his men or servants or any body on his behalf from
interfering with the quite and peaceful possession and enjoyment of the entire
ground floor except one room and the front portion in the first floor of the Item
- I of the plaintiff schedule property in any manner whatsoever, except under
due process of law.
2. The parties have amicably resolved the dispute between themselves
and have filed a Memorandum of Compromise dated 26.06.2024. The said
Memorandum of Compromise is signed by all the plaintiffs and the defendant.
The Memorandum of Compromise reads as follows:-
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3. It is seen from the Joint Compromise Memorandum filed in
O.S.A.Nos.202, 203 and 204 of 2020, there is no concession shown with
regard to mesne profits. Therefore, the defendant has agreed to pay a sum of
Rs.40,00,000/-(Rupees Forty lakhs only) towards full and final settlement of
mesne profits. It is also agreed that the said amount will be adjusted at the time
of apportioning sale proceeds of Anna Nagar property. The parties seek final
decree to be passed in terms of Joint Compromise Memo dated 26.06.2024.
4. In view of the above, Final Decree shall be drawn up in terms of the
Joint Memo of Compromise dated 26.06.2024. Registry shall draft Final
Decree in terms of the description of the property and valuation as set out in the
plaint. The suit is decreed in terms of joint memo of compromise. The
Memorandum of Compromise shall part form of the decree in C.S.No.80 of
2016. No costs. In view of the Compromise arrived at between the parties, all
connected miscellaneous petition is closed.
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5. Registry shall issue Final Decree within a period of two weeks from the
date of receipt of a copy of this order.
01.07.2024
Index: Yes/No
Speaking Order/Non-Speaking Order
sr
To
The Section Officer,
Original Side (Records),
High Court, Chennai.
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P.B.BALAJI,J.,
sr
01.07.2024
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