Madras High CourtCS/522/1992decree in terms of memo of comprom

L.H.Premavathy v. L.H.Padmavathy And Others

2017-12-06Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.522 of 1992 L.H.Premavathy .. Plaintiff ..Vs..

1. L.H.Padmavathy

2. L.H.Parijatham

3. L.H.Hemavathy (deceased)

4. L.H.Venkataraman (deceased)

5. L.H.Vidyapoornan (deceased)

6. L.H.Krishnan 7.V.Aravind 8.V.Baskar 9.Gaytathiri 10.Harish babu 11.Anuradha 12.Hemantha Raja ..Defendants (Defendants 7 and 8 are the sons and legal heirs of the deceased 4th defendant impleaded in SLP Nos.9242, 243/2005 on the file of the Supreme Court of India dated 23.01.2009).

(Defendants 9 to 12 are the wife, son,daughter and son of the deceased 5th defendant).

Defendants 7,8,9,10,11,12 are impleaded in A.Nos.2648 to 2654 of 2017 of this Hon'ble Court).

Plaint filed under Order 24 Rule 4 of the original side Rules read with Order VII Rule 1 of Civil Procedure Code praying to pass a judgment and decree:- i)Directing a partition and separate possession of the properties described in the schedule A, schedule B, schedule C and schedule D in the proportion of 1/7th share to the plaintiff 1/7th share to the 1st defendant, 1/7th share to the 2nd defendant, 1/7th share to the 3rd defendant, 1/7th share to the 4th defendant, 1/7th share to the 5th defendant, 1/7th share to the 6th defendant.

ii)directing the defendants 1 to 6 to pay the plaintiff the cost of this suit.

For Plaintiff : Mr.R.Raghavan For Defendants: Ms.R.Preetha for D- 1 & 2 For Defendants: Miss.S.Sheela for D-6,7,8,9,10,11 & 12

J U D G M E N T

A memo of compromise signed by all the parties filed in the Court, and the plaintiff as well as the defendants 1,2,6,8,9,10 and 12 are present. 2.The learned counsel for defendants 7 and 11 affirmed that their clients have also signed and are unable to be present due to other pre-occupations.

3.Considering the submission of the learned counsel, the presence of defendants 7 and 11 is dispensed with. The suit in C.S.No.522 of 1992 is decreed in terms of the compromise memo. The memo of compromise shall form part of the decree. Parties shall bear their respective costs. 06.12.2017 KP Index : Yes/ No Internet : Yes/ No Speaking Order/ Non-speaking Order R.SUBRAMANIAN,. J.

KP C.S.No.522 of 1992 06.12.2017