P.Gunasundari v. R.Janathanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN 1.P.Gunasundari 2.S.Preetha 3.P.Rajmohan 4.P.Ravisankar .. Plaintiff /versus/ 1.R.Janarthanan 2.P.Jayanthi 3.Devaraj 4.D.Rajesh 5.D.Ramesh 6.Surya Kumari .. Defendants This Civil Suit is filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C, 1908, prayed for a judgment and decree against the Defendants:- a).Declaring that the plaintiffs are the absolute owners of the suit property morefully described in the schedule hereunder with all the right, title and interest;

b).Granting permanent injunction restraining the defendants, their agents and servants, any person and every person claiming through or under them from interfering with the plaintiffs, peaceful use, 1/4

occupation and enjoyment of the suit property, morefully described in the schedule to the plaint;

c).Costs of the suit.

For Plaintiff : Mr.PL. Narayanan For D1 : Mr.V.V.Giridhar For D2, D4 & D5 : Mr.M.Kamalakannan

JUDGMENT

The suit had been filed seeking a judgment and decree declaring that the plaintiffs are the absolute owner of the suit property described in the schedule and for injunction restraining the defendants from interfering with the possession. The property is land and building bearing Old Door No.18, New Door No.27, Mannappa Street, Kottur, Chennai - 600 085 measuring about 10 cents which is equivalent to about 4600 sq.ft. It had been more specifically described in the schedule to the plaint.

2.The parties had entered into the compromise and a joint 2/4

compromise memo dated 16.02.2024 had been presented in Court on 15.04.2024. Since two of the parties had signed the joint memo of compromise in Tamil, the matter was forwarded to the Registry to read over the contents of the joint compromise and explain it to the parties. Accordingly, certificate to that effect had also been written down in the joint compromise memo. A sketch had also been given as to how the parties are to divide the property among themselves and the parties were present before this Court on the previous hearing date, 15.04.2024. 3.In view of the above observations, the suit is decreed in terms of the joint compromise memo. No order as to costs. The joint compromise memo shall form part of the decree. 18.04.2024 smv Neutral Citiation : Yes / No Index : Yes / No Speaking order : Yes / No C.V.KARTHIKEYAN,J.

smv 3/4

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