Madras High Court
R.Sivaganesa Velan vs R.Sundaravadivelan on 7 November, 2024
C.S.No.564 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C. S.No.564 of 2013
1.R.Sivaganesa Velan
2.R.Sivapandi
3.R.Sivabalan .... Plaintiffs
Vvs.
1.R.Sundaravadivelan
2.Jalanisha
3.Arunagiri
4.Venkatesan
5.Govindaraj
6.Padmavathy
7.Bakkiam
8.Sundaram (shop)
9.Parveen Syed Kadar
10.Palani Kumar-Amutha
11.Ponnuvel Mudaliar
12.Shanwash
13.Dayalan
14.Gandhi-Pratab
15.Saraswathi Sundar
16.Salavudeen
17.Uma & Guna
18.Padmavathy
19.Sajmani Begum
20.Rahul Mohideen
21.Sharma Sait
22.Devendra Dev
23.Jindha (Biryani Bai)
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C.S.No.564 of 2013
24.Rafiq
25.Padmavathy
26.Ramesh Sait
27.Syed (Biryani Bai)
28.Basheer
29.Sundaram (own occupation)
30.Syed Kareem(Chicken shop)
31.Akthar Bai(Tailor)
32.Jindha(Briyani Bai)
33.Palanivel
34.Surbudeen
35.K.Balaji
36.Sengoni ... Defendants
Prayer:- Civil Suit filed under Order IV Rule 1 of O.S Rules, read with
Order VII Rule 1 of Civil Procedure Code read with praying for the
following judgment and decree against the defendants:
a) To pass a preliminary decree for division of the suit A
schedule mentioned property by metes and bounds into four
shares and to allot one share each to the plaintiff individually
and jointly three shares to plaintiffs and one share to the 1st
defendant.
b) To appoint an Advocate Commissioner for the
purpose of effecting the partition and division of the suit A
schedule mentioned property by metes and bounds into four
shares and to allot one share each to the plaintiffs and one
share to the 1st defendant in terms of the preliminary decree
and for separate possession of the portion allotted to each of
the shares.
c) To pass a final decree in terms of prayers (a) and (b) above
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C.S.No.564 of 2013
d) directing the 1st defendant to pay to the plaintiffs a
sum of Rs.24,00,000/- towards due share of the plaintiffs in
the rental income of the A schedule mentioned property for
the period from November 2011 to July 2013 together with
interest at 24% per annum from the date of plaint till
payment.
e) directing the 1st defendant to pay to the plaintiffs a
sum of Rs.3,00,000/- being the share of the plaintiffs in the
income of Plaint B schedule businesses from November 2011
to July 2013 together with interest at 24% per annum from the
date of plaint.
f) directing the 1st defendant to pay to the plaintiffs the
future profits in the rental and business income from A and B
schedule mentioned property from the date of the presentation
of the plaint till the plaint schedule mentioned properties are
divided and possession deliverered.
g) directing the 1st defendant the winding up of the B
schedule Provision Stores and Prawn business and to sell the
entire stock-in-trade and pay the plaintiffs their 1/4th hare
each and 1/4th share to the 1st defendant.
h) directing the 1st defendant to pay the costs of the suit.
For Plaintiffs : Mr.R.Thiagarajan
For Defendants : M/s.J.Aniess Fathima
for M/s.T.K.S.Gandhi for D1
D2 to D36 - Set exparte
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C.S.No.564 of 2013
JUDGMENT
When the matter was taken up today, the learned counsel for the
plaintiffs 1 to 3 and the first defendant submitted that the matter has been
compromised between the parties. Pursuant to the same, they have filed a
Memo of Compromise dated 07.11.2024 which has been duly signed by
them and their respective counsel. Based on the authorisation letter dated
01.11.2024 given by the plaintiffs 1 and 2 separately in favour of 3rd
plaintiff, the 3rd plaintiff signed the Memo of Compromise on behalf of
them. The plaintiffs 1 & 2 are also appeared before this Court through
video call. The said Memo of Compromise is recorded.
2. In view of the same, the suit is decreed in terms of the Memo of
Compromise entered between the parties and the above Memo of
Compromise shall form part of the decree. The Court Fee is ordered to be
refunded as per law.
07.11.2024
Index:Yes/No
Speaking/Non-speaking order
uma
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A.A.NAKKIRAN,J.
uma
07.11.2024
https://www.mhc.tn.gov.in/judis
