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Madras High CourtCS/56/2013settled before the lokadalats

U.Mrudula v. Nanaka Narendra (Since Decd)

2018-12-18Honourable Mr Justice N.V.Balasubramanian (Retd.)6 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 18th day of December 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.V.BALASUBRAMANIAN (Retd.) and Members Ms.S.Prema Kumari Mr.S.Ramalingam C.S.No.56 of 2013 Prayer :- Civil Suit has been filed for judgment and decree as follows:- (a) Declaration declaring that the plaintiff is the absolute owner with full legal right, title and interest with respect to the suit property more particularly described in the schedule to the plaint.

(b) Directing the defendant to pay the costs of the suit.

U.Mrudula D/o U.Shoban babu, No.7, (Old No.5), Gilehrist Avenue, Harrington Road, Chetpet, Chennai - 600 031.

.. Plaintiff Vs.

Nannaka Narendra (since deceased) S/o Anantharamiah, Mallela Village, Tiruvur Taluk, Krishna District, Andhra Pradesh.

2. Ajai Kumar S/o Nannaka Narendra

3. Ananth Kumar S/o Nannaka Narendra Both at Mallela Village, Tiruvur Taluk, Krishna District, Andhra Pradesh.

(Defendants 2 and 3 are brought on record as legal heirs of deceased sole defendant as per order dated 22.10.2018 in A.No.7979 of 2018) .. Defendants This case came up for settlement before the Lok Adalat. Mr.P.R.Murali, Counsel for the plaintiff and Mr.J.Ram, Counsel for the defendants 2 and 3.

TERMS OF SETTLEMENT The suit is for declaration of title of suit properties in favour of the plaintiff. The suit has been filed against one Nannaka Narendra, sole defendant in the suit and during the pendency of the suit, the sole defendant died on 15.03.2013 and his legal representatives, the defendants 2 and 3 were brought on record by the Hon'ble High Court, Madras in A.No.7979 of 2018 by order dated 22.10.18.

2. The Plaintiff is present and the second defendant along with their counsel are present. Both parties have entered into a Joint Memo of Compromise duly signed by the plaintiff and defendants 2 on his behalf and also on behalf of the third defendant. Third defendant herein has given authorisation to the second defendant to represent him and enter into compromise in the suit

and sign the Joint Memo of Compromise and other related papers before the Lok Adalat. The letter of authorisation given by the third defendant is produced and it is taken on record.

3. The suit is decreed as prayed for in paragraph 20(a) of the plaint and the defendants 2 and 3 shall not claim any legal right or title and interest in the aforesaid property, on the basis of the Joint Memo of Compromise, dated 18.12.2018 which shall form part of the award.

4.So far as court fee paid is concerned, the plaintiff also agree that the full court fee paid that may be given to the counsel for the plaintiff in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as

amended in 1994 and there shall be no demand for additional Court fee.

5. Both the parties have agreed that they will bear the respective costs.

U.Mrudula Counsel for the Plaintiff Ajai Kumar Counsel for the defendants 2 and 3 Ananth Kumar (represented by his second defendant).

Sd/- JUDGE Sd/- Sd/- MEMBERS MEMBERS Sd/- Assistant Registrar(LA) // The Certified to be true copy // Sub-Assistant Registrar(OS)

Enclosure:

1. Joint Memo of compromise dated 18/12/2018

2. Authorisation letter of Ananth Kumar dated 16/12/2018 To:The parties/Advocate concerned Copy to:

1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies 3.The Record Keeper, Original Side, High Court, Madras.

N.V.BALASUBRAMANIAN, J.(Retd.) adl C.S.No.56 of 2013 18.12.2018