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Madras High CourtCS/185/2011decreed

Selvi Duraiswamy And 2 Others v. R.Santhanam And 2 Others

2017-12-21Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.07.2018

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH CS. No.185 of 2011 and A.Nos.2942 & A.No.2943 of 2018

1. Selvi Duraiswamy

2. P. Vasanthi

3. M. Usha ...Plaintiffs Vs

1. R. Santhanam

2. N. Rangamani

3. R. Dhanalakshmi (deceased) (Plaintiffs and defendants 1 and 2 already on record recorded as legal heirs of the deceased 3rd defendant as per order dated 30.08.2017 on memo in C.S.No.185 of 2011) ...Defendants Prayer : Civil Suit is filed under ORDER IV RULE 1 of O.S. RULES READ WITH ORDER VII RULE 1 CPC to pass a decree and judgment against the defendants;

(a) Declaring the settlement deeds dated 09.12.1985 and 11.12.1985

executed by the second defendant in favour of the third defendant and the Settlement deed dated 07.03.2008 executed by the third defendant in favour of the first defendant are null and void in so far as the plaintiffs' share in the suit schedule property and (b) Directing the partition and separate possession of the suit schedule property by metes and bounds and allotment of 1/5 share in the same to each of the plaintiffs ;

(C) Directing the defendants to pay the plaintiffs mesne profits from the suit property till possession of their share is handed over to them and (d) For a permanent injunction restraining the defendants or their men or agent or any one claiming through them from altering the physical features of the suit property till the property is divided by metes and bounds (e) to pay the plaintiffs the cost of the suit. For Plaintiffs : Mr. H. Manojin For Defendants : Mr. G. Mohanarangan for D1 to D3

J U D G M E N T

A report from the Tamil Nadu Mediation and Conciliation Centre, High Court Madras dated 20.08.2018 enclosing the memorandum of compromise dated 14.08.2018 entered into

between the plaintiffs and defendants 1 and 2 is placed on file.

2. Upon concurrence of the learned counsels on either side, the suit is decreed in terms of memorandum of compromise dated 14.08.2018. The memorandum of compromise dated 14.08.2018 shall form part and parcel of the judgment. No costs. Consequently, connected miscellaneous applications are closed. 24.08.2018 mrn/sl

ANITA SUMANTH,J.

Mrn/sl CS. No.185 of 2011 and A.Nos.2942 & A.No.2943 of 2018 24.08.2018