Madras High Court
Mrs.S.R.Padma … vs Mrs.Geethika Nagalakshmi on 14 July, 2025
C.S.No.114 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S.No.114 of 2023
and
A.No.4161 of 2023, O.A.No.590 of 2023,
A.Nos.1728 to 1732 of 2024
and
A.No.1306 of 2025
Mrs.S.R.Padma …Plaintiff
vs
1.Mrs.Geethika Nagalakshmi
2.Mrs.Keerthana Nagalakshmi ...Respondents
PRAYER: Plaint filed under Order IV Rule 1 of O.S.Rules read with Order
VII Rule 1 of C.P.C., prays for passing of a decree and Judgment against the
Defendants for
a) Dividing all the suit immovable properties by metes and bounds and
allot 1/3rd undivided share in the suit properties owned by late D.L.Raja, the
husband of the Plaintiff, in Item No, 1 to 8 of the suit schedule properties.
b)Partition and allotment of 1/3th undivided share in all the movables
including bank investments, bank deposits, movable in the lockers, gold
jewellery, silver ware, house hold items after making a list and taking
inventory also of all the family jewellery and silver wares from the
Defendants, and more fully described as Item No.9 in the schedule to the
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 11:35:51 am )
C.S.No.114 of 2023
plaint.
c)For recovery of the 1/3rd undivided share of the Plaintiff of future
mense profits of all the suit properties as may be ascertained in this suit
proceedings.
d)for a declaration that the partition deed dated 11.11.2022 executed
between the defendants and registered as document No.17755 of 2022 at the
office of the Sub Registrar, Ambattur, as null and void, non-est and not
binding on the plaintiff.
e)for the relief of Permanent injunction restraining the defendants, their
men, agents, persons, representatives, acting through or under them from in
any manner interfering with the peaceful possession and enjoyment of Item
No.3 of the suit property which the plaintiff is at present in possession and
occupation thereof.
f)for the relief of a Permanent Injunction restraining the defendants
their men, agents, persons, representatives, acting through or under them from
in any manner alienating, encumbering or dealing with the 1/3rd undivided
share of the plaintiff, in all the items of the suit properties.
g)To appoint an Advocate Commissioner to divide all the schedule
mentioned suit properties, Item Nos. 1 to 8, by metes and bounds and deliver
the 1/3rd divided share of the Plaintiff to her;
h)To appoint a Receiver to collect the rents from all the suit properties
from Item No.1 and 2 of the schedule mentioned properties
i)for costs of the suit.
For Plaintiff : Mr.K.Bijai Sundar
For Defendants : Mr.V.Sundarraman (For D1)
Mr.S.Vijay (For D2)
2/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 11:35:51 am )
C.S.No.114 of 2023
JUDGMENT
When the matter was taken up for hearing, the learned counsels
appearing on either side would submit in unison that the parties to the suit
have arrived at a compromise and had entered into a Terms of Memorandum
of Compromise and the same is placed before this Court.
2. The parties were present before this Court and they were identified
by the respective learned counsels appearing on behalf of them. They had
also acknowledged the statement made by the learned counsel appearing on
either side.
3. In view of the understanding that had been arrived at between the
parties on the terms of Memorandum of Compromise, the suit is disposed of
on the terms of the Memorandum of Compromise. The said Memorandum of
Compromise is also annexed to this order.
4. The balance amount of Rs.40,00,000/- (Rupees Forty Lakhs only) is
to be paid as and when the decree is issued by this Court.
5. Considering the fact that the parties have already entered into a
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 11:35:51 am )
compromise, resolving the dispute, and that a part amount is yet to be paid by
the defendants in favour of the plaintiff, the Registry shall also issue the
decree within a period of four (4) weeks from today. However, there shall be
no order as to costs. Consequently, connected applications are closed.
6. Registry, High Court of Madras, is directed to grant necessary refund
of Court fee as applicable in the name of the plaintiff.
14.07.2025
kak
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 11:35:51 am )
K.KUMARESH BABU, J.
kak
14.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 11:35:51 am )
