Advocates:
['M/S N CHANDRA RAJ', '', 'M/S G S DHANALAKSHMI', 'N SRINIVASA RAGHAVAN', '', 'FOR D', 'M/S VM RAVICHANDRAN', 'N HARIHARAN NAIR', 'S VIJAYAKUMAR', 'D TO D COUNTER CLAIM', 'W/S FILED', 'M/S G S DHANALAKSHMI', 'FOR D']

C.S.No.606 of 2004

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

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C.S.No.606 of 2004

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

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C.S.No.606 of 2004

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

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C.S.No.606 of 2004

N.SESHASAYEE.J.,

Tsg

C.S.No.606 of 2004

28.09.2021

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