1.T.R.Varadarajan v. 1.T.R.Chellappa (Decd.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR C.S.No.284 of 2002

1. T.R.Varadarajan

2. T.R.Raghavan

3. R.Rangarajan (Died)

4. Manjula Rangarajan

5. Minor R.Ashwin

6. R.Vidhya ...... Plaintiffs (Plaintiffs 4 to 6 added as per order, dated 17.03.2005 in A.Nos.2344 and 2936 of 2005 and extended vide order, dated 21.12.2005) (4th Plaintiff is discharged from guardianship by order, dated 13.12.2018 in A.No.8908/2018) Vs.

1. T.R.Chellappa (Deceased)

2. Jayalakshmi

3. Padamchand Jain

4. V.Natarajan

5. C.Jayanthi

6. G.Vivek ..... Defendants (5th defendant is brought on record as LR of deceased 1st defendant, by order, dated 13.12.2018 in A.No.8906/2018) (6th defendant impleaded as per order, dated 13.12.2018 in A.No.8910/2018) Civil Suit filed under Order IV Rule 1 of the High Court Original Side Rules, 1956 and Order VII Rule 1 of the Civil Procedure Code, 1908, (i) directing the first defendant to divide the suit property by

metes and bounds and give each plaintiffs 1/5th share; (ii) directing the first defendant to render accounts for the income from the suit property and give each of the plaintiffs his 1/5th share; (iii) declare the sale deed, dated 10.03.2003, Document No.992 of 2003 on the file of Sub-Registrar, Kodambakkam, executed by the first defendant in favour of the 6th defendant as null and void and not binding on the plaintiffs. (iv) granting any other relief that this Hon'ble Court may deem fit and proper; and (v) granting the costs of the suit. For Plaintiffs : Mr.P.B.Ramanujam For Defendants : D1 - Died Mr.R.Lakshmi Narayanan for D2 and D5 Mr.Velmurugan for D6 D3 and D4 - Given up

J U D G M E N T

As per the amended plaint, the suit has been filed for the following relief :

(i) directing the first defendant to divide the suit property by metes and bounds and give each plaintiffs 1/5th share; (ii) directing the first defendant to render accounts for the income from the suit property and give each of the plaintiffs his 1/5th share; (iii) declare the sale deed, dated 10.03.2003, Document No.992 of 2003 on the file of Sub-Registrar, Kodambakkam, executed by the first defendant in favour of the 6th defendant as null and void and not binding on the plaintiffs.

2. Today when the suit is taken up for hearing, the learned counsel appearing for the plaintiffs as well as the defendants 2, 5 and 6 submitted that, a compromise had been entered into between the parties, i.e., plaintiffs and the defendants and the said compromise had been reduced into writing by way of joint memo of compromise, where all the plaintiffs signed (except third plaintiff, who is no more) and defendants 2, 5 and 6 signed (D1 died, D3 and D4 already given up).

3. By relying upon the said joint memo of compromise, the learned counsel appearing for the respective parties submit that, by recording the said joint memo of compromise, the suit can be decreed by way of compromise decree, as per the terms of the said compromise.

4. I have gone through the plaint averments and the prayer sought for therein, as well as the joint memo filed by the parties as referred to above.

5. Out of the six plaintiffs, Plaintiff No.3 is no more and in respect of the third plaintiff, plaintiffs 4 to 6 are legal heirs, who have already been parties to the suit. On the defendant side, since the first

defendant is no more, 5th defendant has already been impleaded. In respect of the defendants 3 and 4, they are third parties and therefore they had already been given up by the parties.

6. Therefore the remaining parties, i.e., plaintiffs 1, 2, 4, 5 and 6 and the defendants 2, 5 and 6 are parties to the joint memo of compromise and all the 8 parties have signed in the joint memo of compromise and they all present before this Court, except the 6th plaintiff, namely R.Vidhya, who since had undergone a surgery, is not able to come to this Court, however her mother, i.e., the 4th plaintiff is present and she has also acknowledged and endorsed the indisposition on the part of the 6th plaintiff to come over to this Court today.

7. In view of the said compromise entered into between the parties, as per the joint memo of compromise, dated 03.01.2019 it is taken on record and it shall form part of this compromise decree.

8. In view of the above, the following order is passed in this Civil Suit :

(i) declaring the sale deed, dated 10.03.2003 registered as Document No.992 of 2003 on the file of the SRO, Kodambakkam in favour of the 6th defendant as null and void.

(ii) declaring that the plaintiffs 1 and 2 and defendants 2 and 5 are entitled to 1/5th share each and the plaintiffs 4 to 6 shall be jointly entitled to 1/5th share in the suit property. (iii) The plaintiffs are giving up defendants 3 and 4 and the suit is dismissed as against defendants 3 and 4.

Accordingly this Civil Suit is decreed in terms of the memo of compromise as set out above. The said joint memo of compromise shall form part of the decree. No costs.

04-01-2019 tsvn Note to Office :

Issue order copy on 11.01.2019.

R.SURESH KUMAR, J tsvn C.S.No.284 of 2002 04-01-2019