Mrs.Baghirathi And 2 Others v. E.Raman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :30.04.2024
CORAM:
THE HON'BLE MR. JUSTICE P.B. BALAJI and O.A.No.1130 of 2018 1.Mrs.Baghirathi 2.Krishnakumar 3.Krithika 4.Minor K.Hrishikesh Represented by natural guardian and son of Krithika (4th Plaintiff was impleaded as per order dated 23.08.2023 in Appl.No.4352 of 2023) .... Plaintiffs vs 1.E.Raman (since deceased) 2.M/s V.S.T.Motors Pvt Ltd., Having Office at 199, Old No.144, Anna Salai, Chennai-600 002.
3.HDFC Bank Ltd., HDFC Bank House, Senapati, Bapat Marg, Lower Parel (W), Mumbai-400 013.
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4. The Manager, HDFC Bank Limited, No.115, R.K.Salai, Mylapore, Chennai-600 004.
5. Industrial Engineers (India) Pvt Ltd., Represented by its Director, Srivatsan Subramanian No.5/9, Raghavan Colony, 4th Street, Jaffarkhanpet, Ashok Nagar, Chennai-600 083.
(Defendants 2,3,4 and 5 are impleaded as per Order dted 31.07.2023 in Appn.
Nos.2855 of 2018 & 4478 of 2018) .... Defendants Plaint filed under Order IV of O.S. Rules read with Order VII Rule 1 of Civil Procedure Code praying for directing the defendants to (a) declare the share of the 2nd and 3rd plaintiffs for 2/3rd share in all the properties described in the schedule hereunder (b) for a partition and separate possession of the plaintiffs share in the suit properties (c) to claim 2/3rd share in mesne profit out of the schedule mentioned property (d) to rendition of proper accounts from the income accrued from Industrial Engineers India Pvt Ltd and the properties at 5/9 Gajamugan Meenam Constructions, Raghavan Colony, II Street, Ashok 2/12
Nagar, Chennai-600 082 are morefully set out in the schedule hereunder; (e) appoint a Receiver to take charges of the suit properties. For Plaintiffs : Mr.S.R.Sundar For Defendants : Mr.S.Raghunathan For 2nd defendant R.2 to R.5 - Not ready in notice
JUDGMENT
The suit is filed for directing the defendants to (a) declare the share of the 2nd and 3rd plaintiffs for 2/3rd share in all the properties described in the schedule hereunder (b) for a partition and separate possession of the plaintiffs share in the suit properties (c) to claim 2/3rd share in mesne profit out of the schedule mentioned property (d) to rendition of proper accounts from the income accrued from Industrial Engineers India Pvt Ltd and the properties at 5/9 Gajamugan Meenam Constructions, Raghavan Colony, II Street, Ashok Nagar, Chennai-600 082 are morefully set out in the schedule hereunder; (e) appoint a Receiver to take charges of the suit properties. 3/12
2. The parties have amicably resolved the dispute between themselves and have filed a Memorandum of Compromise dated 29.04.2024. The said Memorandum of Compromise is signed by all the plaintiffs and the authorised signatory of the second defendant.
3. It is seen from clause - P that the plaintiffs are giving up their claims concerning the item No.1 of the Schedule of the Plaint as against all the defendants.
4. The suit is for partition and the Will of E.Raman has been probated by the order of the Court today (30.04.2024). The compromise is in pursuance of the grant of Probate and for division of Estate of Raman amongst the plaintiffs. The terms of the division has been spelt out in the Joint Memo of compromise. The Memorandum of Compromise reads as follows:- 4/12
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5. The second plaintiff has appeared through Video Conference and he has affirmed to the terms of the compromise and stated that his mother, sister and sister's son are the remaining plaintiffs, who have all signed in the joint compromise memo and the Memorandum of Compromise has been duly signed by the learned counsel for the plaintiffs, second defendant and the learned counsel for the second defendant.
6. In view of the above, the suit is decreed in terms of joint memo of compromise. The Memorandum of Compromise shall part form of the decree in C.S.No.595 of 2009. The Executor/Petitioner in the O.P.No.38 of 2022 has fairly stated that he is in possession of the original document of title and he will take earnest steps to hand over the original documents of title and also disburse/distribute the assets in terms of the compromise arrived at between the parties within a reasonable time and duly file inventory accounts as mandated under Original Side Rules.
7. No costs. Consequently, connected miscellaneous petition is closed. 30.04.2024 2/2 Index: Yes/No Speaking Order/Non-Speaking Order sr 11/12
P.B.BALAJI,J., sr To The Section Officer, Original Side (Records), High Court, Chennai.
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