Hamsa v. Chinnakutty And 36 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.301 of 1996 Mrs.Hamsa ... Plaintiff ..Vs..

1.Chinnakutty (deceased) 2.Neelakandan 3.Kalavathy 4.Minor Vanja 5.Minor Dhanasekar, Minors rep. by their father/ natural guardian Nallakandan 6.Andal 7.M.Kumar 8.M.Ravi 9.M.Mohan 10.Krishnan 11.Muniammal 12.Srinivasan 13.Poonagavanam 14.Komalam 15.Vasantha

16.Kulasekaran 17.Selvaraj 18.Murugesan 19.B.Chembakkavalli 20.Lalitha 21.Udayakumar 22.Mohana Krishn 23.Sankar 24.Thirumal 25.Arumugam 26.Kuppuswamy 27.Dharanipathy 28.Dhanakotti 29.Murugan 30.Saroja 31.Narayanaswamygar 32.Parvathiammal 33.Shanthi 34.S.Hemalatha 35.Indira 36.Kavitha 37.Raja ... Defendants (Defendants 33 to 37 brought on record as LR's of the deceased Chinnakutty- the 1st defendant as per the order dated 28.07.2008 in A.No.3397 of 2008 Plaint filed under Order XXIV Rules of High Court O.S. R/w Order VII R.1 of C.P.C. praying to pass a judgment and decree:-

a) For a preliminary decree for partition declaring the plaintiff's 1/4th share in the plaint F schedule properties. b) For a final decree on the lines of preliminary decree by dividing the plaint F schedule properties herein by metes and bounds by appointing an Advocate Commissioner and to allot the plaintiff her 1/4th share therein and put her in possession of the same. c) for costs of the suit and d) for such other reliefs.

For Plaintiff : Mr.K.Govindan For Defendants : Mr.P.B.Balaji for D1, 33 to 37 Mr.Ishtiaq Ahmed for D2 to D5

J U D G M E N T

At the instance of the learned counsel appearing for the parties, the matter was referred to Mediation. The Mediation report has been filed stating that the parties have settled the matter between them as per the terms of Joint Memorandum of Compromise. The said Joint Memorandum of Compromise is also enclosed.

2.The learned counsel for the parties also affirmed that the matter is settled between the parties as per the terms of the Joint

Memorandum of Compromise. Hence, there will be a final decree in the suit in terms of the Joint Memorandum of Compromise dated 12.01.2018. The Joint Memorandum of Compromise shall form part of the decree. Considering the nature of the suit parties are directed to bear their costs.

22.02.2018 KP Index : No Internet : Yes Speaking Order To The Sub Assistant Registrar, Original Side, High Court, Madras.

R.SUBRAMANIAN, J.

KP C.S.No.301 of 1996 22.02.2018