Lakshmi Natraj v. Jaya Sooryanarayanan And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-03-2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CIVIL SUIT No.412 of 2011 and TESTAMENTARY ORIGINAL SUIT No.99 of 2013 and APPLICATION No.5954 of 2014 C.S.No.412 of 2011:
Lakshmi Natraj .. Plaintiff vs 1.Jaya Sooryanarayanan 2.R.Venkateswaran 3.N.Srinivas 4.Padma Murali 5.N.Balaji .. Defendants T.O.S.No.99 of 2013:
KRN.Menon @ Ravi Menon .. Plaintiff vs 1.Lakshmi Natrajan 2.Suryanarayan Jairaj 3.Suryanarayan Anand (D2 & D3 impleaded as per order dated 10.6.2015, in A.No.5953/2014) .. Defendants Civil suit filed under Order VII Rule 1 of Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules, praying for a preliminary decree of partition by declaring that the plaintiff and the defendants 3 to 5 are entitled to 1/3rd hare in the suit property and for a final decree pursuant to the preliminary decree and to divide the
suit property by mete and bounds and for costs. For Plaintiff : Mr.P.Sesubalan Raja in C.S.No.412/2011 Mr.Vikram Ramakrushnan in T.O.S.No.99/2013 For Defendants : Mr.G.Rajkumar for D2 in C.S.No.412/2011 No appearance for DD1 and 3 to 5 in C.S.412/2011 Mr.P.Sesubalan Raja in TOS No.99/2013 COMMON JUDGMENT In the Civil Suit as well as in the Testamentary Original Suit, a joint memorandum of compromise dated 1.3.2016, in Diary No.8265/2016, signed by the respective parties to the proceedings, has been filed.
2.The respective learned Counsel appearing for the parties, would pray that in terms of the above said joint memorandum of compromise, both the suits may be decreed.
3.The plaintiff in the civil suit and the plaintiff in the testamentary original suit are present. The second defendant in C.S.No.412/2011, as well as the first defendant in T.O.S.No.99/2013/plaintiff in C.S.No.412/2011, are enquired into and they would submit that all the parties herein had understood the terms of
compromise and voluntarily subscribed their signatures to the joint memorandum of compromise and pray for decreeing of both suits accordingly.
4.In the result, C.S.No.412/2011 and T.O.S.No.99/2013 are decreed in terms of the joint memorandum of compromise dated 1.3.2016 (Diary No.8265/2016). The said compromise memo shall form part of the decree in both suits. No costs. Consequently, connected application is closed.
sd/.M.S.N.J 03.03.2016 //Certified to be a true copy// Dated this the day of 2016.
S.s/02.05.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.