IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.09.2021 CORAM : JUSTICE N.SESHASAYEE C.S.No.606 of 2004 & A.No.2802 of 2005 & Cont.P.Nos.783 and 1608 of 2007

1.G.Elangovan ... Plaintiff Vs.

1.G.Fathima Begum

2.Smt.Senthamarai

3.Smt.Selvi 4.G.Senthil

5.Mrs.Malarkodi ... Defendants (2nd plaintiff transposed as 5th defendant as per order dated 7-10-2014 in A.No.5712/14)

PRAYER : Civil Suit filed under Order 7 Rule 1 CPC R/w O.IV R.1 of High Court O.S.Rules :

(1) To pass a decree for partition of the Schedule "A" mentioned properties and divide by metes and bounds and allot one-fifth share each to the plaintiffs in items 1 & 2 and one-sixth share in items 3 & 4 of the Schedule "A" properties as their share;

(2) To hand over the schedule "B" gold jewels and silver wares to the plaintiffs or its money value at present market rate on the date of handing over;

(3) To pass a decree for mesne profits towards the rents received by the 1st Defendant from the schedule "A" properties for three years preceding to the filing of the suit and also for future mesne profits; (4) To award cost of the suit; and (5) To pass such other or futher order or further order or orders in the circumstances of the case and in the interest of justice.

For Plaintiff : Mr.N.Chandra Raj For D1 to D3 : Mr.UM.Ravichandran For D4 : Mr.N.Srinivasa Raghavan For D5 : Mr.G.S.Dhanalakshmi

JUDGMENT

This is a partition suit which the parties have amicably compromised and the compromise memo is also filed today. The first defendant is known by the name Fathima Begum but, she has not only signed in the compromise memo but also in the written statement as G.Padmavathy. Except first defendant, all other parties are physically present before the Court, whereas the first defendant was logged on-line and she has been identified by her counsel on record. As per the compromise, the plaintiff is required to pay the fifth defendant a sum of Rs.8,00,000/- whereas, the defendants 1 to 4 are required to pay the fifth defendant a sum of Rs.11,00,000/-. Separate demand drafts were handed over before the Court for a total sum of Rs.19,00,000/- to the fifth defendant, who was accompanied by her son Karthick. They have acknowledged the receipt of the demand draft for Rs.19,00,000/-. All parties confirmed the compromise and also confirm their execution of the compromise memo.

2.This Court is satisfied about the legality of the compromise entered into between the parties and the same is recorded.

3.The decree is passed in terms of the compromise. The plaintiff is required to produce Non Judicial Stamp Papers.

4.The suit is disposed of accordingly. All other applications are closed.

No costs.

28.09.2021 Tsg Index : Yes / No Speaking Order / Non-speaking order N.SESHASAYEE.J., Tsg

28.09.2021