Ranjini Ramalingam v. K.Vasantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.271 of 2021 and O.A.No.550 of 2021 Ranjini Ramalingam ..

Plaintiff VS.

1.K.Vasantha 2.K.Ravichandran 3.K.Raju 4.R.Jayanthi 5.R.Sethupathy ..

Defendants PRAYER: Civil Suit filed under Order VII Rule 1 of Code of Civil Procedure, 1908 read with Order IV Rule 1 of Madras High Court Original Side Rules for the following reliefs : (a)Effecting division of the suit properties, more fully described in Schedules II and III into five equal shares by metes and bounds and allocate 1/5th share to the plaintiff; (b)Directing the defendants to render truer and proper accounts of the income derived from the suit schedule 'B' Items II and III mentioned properties more fully described in the schedule hereunder;

(c)Determination of mesne profits from the plaint schedule 1/4

B, Items II and III under Order XX, Rule 12 of CPC from the date of demise of late Kothandapani Thevarie, 06.06.2020 till date of actual division of the properties by metes and bounds in accordance with law; (d)A permanent injunction restraining the defendants, their men, agents, servants or person or persons or anyone claiming hrough them or authorized by them from encumbering or alienating or dealing with the property either by way of mortgage, sale, lease, or otherwise or altering the physical features of the property more fully described in Schedule 'B' Items 1 and 2 mentioned property; (e)Appointment of an Advocate Commissioner to divide the immovable and movable properties of the estate of late Kothandapani Thevar by metes and bounds and allocate 1/5th share in them to the plaintiff; and (f) Cost of the suit.

For Plaintiff :

Mr.R.Thiagarajan & Mr.A.Rajaprince For Defendant :

Mr.M.Santhanaraman Nos.1, 2, 3 & 5

J U D G M E N T

Heard the learned counsel for the plaintiff as well as the learned counsel for the defendants. The parties to the suit are also present before this Court today.

2. The plaintiff and the defendants present before this Court has filed a memo of compromise entered into between them. The parties 2/4

have agreed to allot the properties as set out in the memo of compromise. While questioned by this Court to the parties regarding the terms of compromise, they have all accepted to the said compromise which has been reduced into writing.

3. Accordingly, the Civil Suit is decreed in terms of the said memo of compromise dated 07.11.2023 filed by the parties. The Joint memo of compromise shall form part and parcel of the decree and judgment.

4. Time is granted to the parties to deposit the non judicial stamps for engrossing a final decree. Only on supply of non judicial stamps, within a period of two weeks by the parties, the final decree will be drafted. Consequently, the connected original applications are closed. There shall be no order as to costs. 07.11.2023 DP 3/4

N.SATHISH KUMAR, J.

DP C.S.No.271 of 2021 and O.A.No.550 of 2021 07.11.2023 4/4