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2026 Supreme(Online)(Mad) 15591

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. DHANABAL
T.K.DURGA PRASAD – Appellant
Versus
T.K.Sundara Raj Perumal – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.02.2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL and A.No.638 of 2026 T.K.Durga Prasad ..Plaintiff Vs.

1.T.K.Sundara Raj Perumal

2.T.K.Kasturi Bai .. Defendants Prayer: The Civil Suit has been filed under Order I of Rule 1 of O.S.Rules r/w Order 7 Rule 1 of the C.P.C. to pass a judgment and Decree in favour of the Plaintiff (a) For partition and division of the suit properties into ½ equal shares by metes bounds and allot his share to the Plaintiff; (b) Directing the defendants to put the Plaintiff in separate possession of his shares so allotted; (c) Directing the defendants to pay the Plaintiff the costs of this Suit.

For Plaintiff: Mr.T.Mohan Senior Counsel for Mr.S.Rajesh For Defendants: Mr.R.Manickam JUDGMENT Today, when the matter is taken up for hearing, the learned counsel for the plaintiff and the learned counsel for the defendants are present. The learned counsel appearing for the defendants has reported no instructions. However, the plaintiff as well as the 1st defendant has filed a Joint Memo of compromise dated 11.02.2026, stating that the matter has been amicably settled between the parties. The terms of the said joint memo of compromise is extracted hereunder:

a) It has bee mutually agreed that the plaintiff herein shall release his half share in Item No.1 of the suit schedule property, which is his residential property, in favour of the 1st defendant herein. Thus, the 1st defendant herein shall become the absolute owner of Item No.1 of the suit schedule property.

b)It has been mutually agreed that the 1st defendant herein shall release his half share in Item Nos.2 and 3 of the suit schedule property, which are commercial properties, in favour of the plaintiff herein. Thus, the plaintiff herein shall become the absolute owner of Item Nos.2 and 3 of the suit schedule property.

c)It has been agreed that the 1st defendant has certain dues, namely a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) payable to the tenant in Item No.3 of the suit schedule property based on Document No.3158/2021 dated 10/06/2021 and a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) payable to the plaintiff herein as per the Order dated 10.08.2023 in OS.No.9227/2021 passed by XXII Additional City Civil Court, Chennai. Therefore, based on the valuation, the 1st defendant, for the purpose of releasing his shares in the commercial properties, agrees to accept a sum of Rs.70,00,000/- (Rupees Seventy Lakhs Only) towards the difference in value as final settlement, after deducting his dues from the total sum of Rs.1,20,00,000/-

(Rupees One Crore and Twenty Lakhs only)

d) It has been mutually agreed between the plaintiff and the 1st defendant that a sum of Rs.70,00,000/- (Rupees Seventy Lakhs Only) payable by the plaintiff and the 1st defendant shall be paid within a period of 120 days from today i.e., 10.06.2026.

2. The aforesaid joint memo of compromise is recorded. This Civil Suit is disposed of in terms of joint memo of compromise. The joint memo of compromise shall form part of the decree. No costs.

3. The learned Advocate Commissioner has filed a Memo seeking additional remuneration of a sum of Rs.50,000/-. Both the parties are directed to pay the said amount to the learned Advocate commissioner within a period of one week from the date of receipt of a copy of this order. No costs.

4. Since the dispute has been settled between the parties, nothing survives for adjudication in the Application No.638 of 2026 and therefore the same is closed.

11.02.2026 Index: Yes/No Speaking/Non-speaking Order Neutral Citation: Yes/No arr P.DHANABAL, J.

arr

11.02.2026

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