Madras High CourtCS/475/2019disposed of in memo of compromise

M.Sathyanarayanan v. S.Ravishankar

2019-12-18Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2019

CORAM

THE HONOURABLE Mr. JUSTICE SENTHILKUMAR RAMAMOORTHY and A.No.7542 of 2019 and O.A.No.753 of 2019 1.M.Sathyanarayanan

2. S.Vijayapriya .. Plaintiffs vs.

1. S.Ravishankar

2. R.Padmavathy .. Defendants Prayer:- Civil Suit is filed under Order VII Rule 1 of C.P.C. Read with Order IV Rule 1 of Original Side Rules, to divide the schedule mentioned properties by metes and bounds into two equal half shares and allot separate half share to the plaintiffs, by delivering possession of such separated share to the plaintiffs; and directing the defendants to pay a sum of Rs.40,00,000/- (Rupees Forty Lakhs only) to the plaintiffs being the excess amount collected by them towards the cost of construction made in the schedule B mentioned property; and granting such further or other order as may be deem fit and proper in the circumstances of the case and thus render justice as the plaintiffs do not live permanent in Chennai and cannot monitor the acts and deed of defendants in their absence.

For Plaintiffs : Mr.Daniel Gladys Daniel For Defendants : Mr.C.P.Sivamohan

JUDGMENT

The learned counsel for the plaintiffs and defendants submit that the dispute between the parties was settled in accordance with the joint memorandum of compromise dated 11.12.2019 and that the suit may be decreed as per terms of the said joint memo of compromise.

2. Upon perusal of the joint memo compromise, dated 11.12.2019, it is clear that it has been duly executed by each of the plaintiffs and each of the defendants and their respective counsel.

3. The said learned counsel and parties are also present in person today.

4. Accordingly, there shall be a judgment and decree in terms of the memo of compromise, which shall form part of the records of the decree.

5. The Civil Suit is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 18.12.2019 Speaking/Non speaking order Index : Yes Internet : Yes rli

SENTHILKUMAR RAMAMOORTHY.J., rli and A.No.7542 of 2019 and O.A.No.753 of 2019 18.12.2019