Citation : 2024 Latest Caselaw 19783 Mad
Judgement Date : 21 October, 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.S.No. 25 of 2016
1.K.P. Ramachandra Menon( deceased)
Amended as per order dt 07.03.2016 in A.No.1147/2016
2. Indira Ramachandran
3. Vijay Aditiya
4. Monish Chandran ..Plaintiffs
Versus
1.Madhu Chandran
2.Priya Madhu
3.Minor Diya Madhu
Rep by her mother and
natural guardian Mrs.Priya Madhu ..Defendants
Prayer:
Plaint under Order IV Rule 1 of Original Side Rules read with order
VII, Rule 1 of CPC., prays for judgment and decree,
i) declaring that the Settlement Deed dated 18.06.2014 registered as
document bearing No.2269 of 2014 on the file of SRO, Kodambakkam
executed by the 1st defendant in favour of 2nd and 3rd defendants is null and
void and not binding upon the plaintiffs.
ii) directing the division of the Schedule property in to four shares by
metes and bounds and allotting ¼ share each to the plaintiffs 2 to 4 herein
and consequently for appointment of Commissioner for effecting partition in
terms of the preliminary decree and putting the plaintiffs 2 to 4 in possession
of their respective ¼ share in the schedule mentioned property;
iii) permanent injunction restraining the defendants, their men, agents
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or anybody claiming under or on behalf of the defendant herein any manner
dealing with the schedule property either by alienating, leasing mortgaging or
in any other manner and
iv) to pay the cost of the suit.
For Plaintiffs : M/s.K.V.Sundarajan
For Defendants : M/s.A.V.Bharathi
JUDGEMENT
When this matter is taken up for hearing today, learned counsel
for the defendants submitted that the third defendant namely Minor Diya
Madhu, represented by her mother and natural guardian Mrs.Priya Madhu,
has attained the age of majority now and hence she seeks to remove the name
of the guardian for the 3rd defendant. In proof of the same, she has filed the
birth certificate of the 3rd defendant. She has also made an endorsement to
that effect.
2. The learned counsel for the plaintiffs as well as the learned counsel
for the defendants submitted that this matter has been compromised between
the parties. Pursuant to the same, they have filed a Memo of Understanding
dated 20.10.2024 which has been duly signed by them and their respective
parties.
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3. The said Memo of Understanding and the endorsement made by the
learned counsel for the defendants are recorded.
4. In view of the above, the suit is decreed in terms of the Memo of
Understanding entered between the parties and the same shall form part of the
decree.
Gv 21.10.2024 (1/2)
A.A.NAKKIRAN.,J.
gv
https://www.mhc.tn.gov.in/judis
21.10.2024 (1/2)
https://www.mhc.tn.gov.in/judis
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