Mc Neill S.Ivan v. Edberg S.Eben

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE C.S. No. 72 of 2023 and O.A. Nos. 320 & 321 of 2023 and A. Nos. 3026, 3027 & 3030 of 2023 Mc Neill S.Ivan S/s Mr.P.A.Suresh Chandra Sekar, Old No. 24A, New No.17, 12th Cross Street, New Colony, Chromepet, Chennai 600 044.

..Plaintiff(s) Vs Edberg S.Eben S/o Mr,P.A.Suresh Chandra Sekar, Flat No.G2, Gurumani Apartment, Old Door No.110, New Door No.56, Vanniyar Street, Choolaimedu, Chennai 94.

..Defendant(s) PRAYER: i) to pass a Preliminary Decree for partition and separate possession of the Plaintiff's share in the suit properties mentioned in the A and B Schedules in the Plaint by alloting 1/2 share by metes and bounds in favour of the Plaintiff. ii) to appoint a Commissioner for efffecting the division of the suit A and B Schedule mentioned properties into two equal shares and allot one such share to the Plaintiff.

iii) to direct the Defendant to pay a sum of Rs.7,500/- per mensem from 1/4

April 2021 onwards to wards the damages for user and occupation in respect of item No.IV-A Schedule mentioned property to the Plainitff. iv) to direct the defendant to pay a sum of Rs.2,250/- being the half share in the rent for the period from April 2022 onwards in respect of the Item No.1 - A schedule mentioned property to the plaintiff; v)to grant a decree for future mesne profits in respect of 1⁄2 share in the suit 'A' Schedule mentioned properties from the date of institution of the suit till the date of delivery of the possession.

vi)to grant mandatory injunction directing the defendant to return the original title deeds and other original documents relating to the suit 'A' schedule mentioned properties to the plaintiff;

vii)to pay the costs of the suit.

For Plaintiff(s):

Mr.I.V.Kabilan For Defendant(s):

Mr.V.Rajesh Babu

JUDGMENT

It is seen from the records that earlier, this Court, on 10.03.2026 had referred the matter to the Mediation and Conciliation Centre, High Court, Madras. Accordingly, the parties have appeared before the Mediation and Conciliation Centre, High Court Madras and arrived at a compromise and entered into a memorandum of compromise dated 17.04.2026. Both the learned counsels for the plaintiff and the defendant are present and submits that the matter has been settled between the parties before the mediation centre. 2/4

2.In view of the above, this Civil Suit is disposed of in terms of the memorandum of compromise dated 17.04.2026. The memorandum of compromise dated 17.04.2026 shall form part of the decree and Judgment. This court directs the registry to refund the entire court fees paid in the suit under Section 69-A of the Tamil Nadu Court Fees Suit & Valuation Act, 1955. No costs. Consequently, all the connected applications and original applications, stand closed. 22-06-2026 Index: Yes/No Speaking/Non-speaking order AY 3/4

DR.A.D.MARIA CLETE, J.

AY CS No. 72 of 2023 22-06-2026 4/4