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2026 Supreme(Online)(Mad) 41416

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Maria Clete, J
SMT.C.DHARANIJA INDRA MOHAN – Appellant
Versus
T.VIJAYALAKSHMI – Respondent
A No. 785 of 2020



Advocates:
For the Appellants/Petitioners: Mr. Tranquebar Dorai Vasu
For the Respondents: Mr.M.Javadh for D3, Mr.K.G.Vasudevan for D4, D5 & D6

Civil suit stands disposed of on the basis of compromise vide MOU arrived at the Mediation Centre.

Headnote:The Court examined a civil suit instituted under Order IV Rule 1 of O.S.Rules and Order VII Rule 1 of C.P.C. seeking partition of joint family properties by metes and bounds with specified shares and declaring a settlement deed null and void. Based on the compromise reached by the parties, the Court disposed of the suit in terms of the Memorandum of Understanding.

Table of Content
1. suit disposed of on compromise (Para 1 , 2 , 3)

..Defendants Prayer : - Civil Suit has been filed under Order IV Rule 1 of O.S.Rules and read with Order VII Rule 1 of C.P.C. praying for judgment and decree as follows:-

a) Preliminary decree against the defendants 1 to 3 to partition the suit properties by metes and bounds and allot 1/3rd share in schedule A to C properties and also allot 1/8th share in Schedule D and 1/4th share in Schedule E properties along with separate possession.

b) to direct the defendants to pay past mesne profits 1.12.2007 to 30.10.2010 valued at Rs.5,00,000/-

c) for a declaration declaring the settlement deed dated 30.08.2007, registered as document No.1595/07, in the office of the Sub Registrar, Adyar as null and void d) appoint an Advocate Commissioner for the partition of property by metes and bounds e) to pass a final decree against the defendants 1 to 3 to partition the suit property by metes and bounds by granting 1/3rd share in Schedule A to C properties and also allot 1/4th share in the property described as Schedule D and E along with separate possession and mesne profits in terms of the plaintiffs share from the date of the plaint till the date of realisation.

f) permanent injunction restraining the defendants, their men, servants agents or any one acting through them from encumbering, alienating the suit property pending disposal of the suit.

g) to grant possession of the share allotted to the plaintiff in terms of the final decree h) to pay the cost of the suit.

For Plaintiff(s): Mr. Tranquebar Dorai Vasu For Defendant(s): Mr.M.Javadh for D3 Mr.K.G.Vasudevan for D4, D5 & D6

J U D G M E N T

This Civil Suit has been filed praying for a) the Preliminary decree against the defendants 1 to 3 to partition the suit properties by metes and bounds and allot 1/3rd share in schedule A to C properties and also allot

1/8th share in Schedule D and 1/4th share in Schedule E properties along with separate possession b) to direct the defendants to pay past mesne profits 1.12.2007 to 30.10.2010 valued at Rs.5,00,000/- c) for a declaration declaring the settlement deed dated 30.08.2007, registered as document No.1595/07, in the office of the Sub Registrar, Adyar as null and void d) appoint an Advocate Commissioner for the partition of property by metes and bounds e) to pass a final decree against the defendants 1 to 3 to partition the suit property by metes and bounds by granting 1/3rd share in Schedule A to C properties and also allot 1/4th share in the property described as Schedule D and E along with separate possession and mesne profits in terms of the plaintiffs share from the date of the plaint till the date of realisation f) permanent injunction restraining the defendants, their men, servants agents or any one acting through them from encumbering, alienating the suit property pending disposal of the suit g) to grant possession of the share allotted to the plaintiff in terms of the final decree h) to pay the cost of the suit.

2. It is seen from the records that earlier, this Court, on 07.07.2025 had referred the matter to the Mediation and Conciliation Centre, High Court, Madras. Accordingly, the parties have appeared before the Mediation and Conciliation Centre, High Court Madras and arrived at a compromise and entered into a Memorandum of Understanding dated 27.04.2026.

3. In view of the Memorandum of Understanding arrived at between the parties before the Mediation Centre, High Court Madras, this civil suit is disposed of in terms of the Memorandum of Understanding dated 27.04.2026. The Memorandum of Understanding shall form part of the decree. Refund of Court fee ordered under Section 69-A of the Tamil Nadu Court Fees Suit & Valuation Act, 1955. Consequently, connected applications, if any stand closed.

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