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Madras High CourtCS/992/2017settled before the lokadalats

Mrs.P.Valarmathi v. M.Nagaraj

2018-02-21Honourable Mr Justice P.Thangavel(Lok-I)7 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Wednesday, the 21st day of February 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.V.Arumugam Mr.M.Boopathy C.S.No.992 of 2017 The plaintiff prays to pass a judgment and decree against the defendants:- (a) for partition of the suit property into three equal shares and allot one such share each to the plaintiffs and separate possession thereof; (b) directing the division of the suit property by metes and bounds as per the Hindu community customs and if not feasible for partition, for selling the property in public

auction and divide the sale proceeds into three equal shares.

© directing the defendant to pay costs of the suit;

1. Mrs.P.Valarmathi D/o Late S. Mookan Nadar, W/o Mr. S. Palraj nadar, SA. Ratchagan Street, Shanmugapuram, Chennai - 600 099.

2. Mrs.V.Banumathi D/o Late S. Mookan Nadar, W/o Mr. O.P. Vanniya Raja, Suganthalai, suganthalai Post, Kurumbur Via, Tuticorin District.

...Plaintiffs Vs.

Mr.M.Nagaraj S/o late S. Mookan Nadar, No.22, Narayana Swamy Garden, Manali Road, Kodungaiyur, Chennai - 600 118 ...Defendant This case came up for settlement before the Lok Adalat. Mr. A.D.Jeny De Souza learned counsel for the Plaintiff and Mr.E.Chandru learned counsel for

defendant, are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Civil Suit in CS.No.992 of 2017 pending on the file of High Court, Madras has been referred to Lok Adalat for conciliation today.

The plaintiffs assisted by counsel and the defendant assisted by counsel are present before Lok Adalat for conciliation today. The plaintiffs have filed this Civil Suit against the defendant for partition of the suit property into 3 equal shares and allot one such share each to the plaintiffs and for delivery of possession and also for division of the suit property by metes and bounds and for delivery of possession or in the

alternative for selling the property in public auction and to divide the sale proceeds to each sharer equally in the events of not able to divide the suit property for feasible enjoyment.

After great deliberation and discussion both parties have compromised the dispute between them and the plaintiffs agreed to release their right, or otherwise, give up their right in the suit property in favour of the defendant who is none other than the brother of the plaintiffs. The plaintiffs have also agreed that the defendant has got every right to enjoy the suit property in his own right as absolute owner there of without any let or hindrance here after. Both parties have also filed a memo of compromise before Lok Adalat and the terms of compromise mentioned therein has been read over and explain their parties. Both

parties have agreed the terms of compromise as correct and therefore, the memo of compromise is recorded by Lok Adalat today.

In view of the compromise arrived at between both parties and in view of the compromise memo filed and recorded as mentioned above, the suit is disposed of in terms of compromise and an award is passed in terms of compromise memo. The memo of compromise will firm part of the award. No order as to cost.

The full Court fee shall be refunded to 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.

1. Mrs.P.Valarmathi

2. Mrs.V.Banumathi ...Plaintiffs Mr.M.Nagaraj ...Defendant Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(LA) // The Certified to be true copy // Sub-Assistant Registrar(OS) To:

The parties/Advocate concerned Copy to:

1. The Sub Assistant Registrar, Original Side, High Court, Madras.

2.The Secretary, High Court Legal Services Committee, Chennai.

3.The Record Keeper, Original Side, High Court, Madras.

4.The Section Officer, Lok Adalat Section, High Court, Madras.

P.THANGAVEL, J (Retd.) Pu C.S.No.992 of 2017 21.02.2018