Madras High CourtCS/625/2015dismissed as settled out of court

G.Prem v. G.Giri

2017-03-28Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.S.No.625 of 2015

1. G.Prem

2. G.Suresh

3. Hema Anandharaman

4. G. Prakash (plaintiffs 2 to 4 are represented by their power of attorney G.Prem, the first plaintiff herein) ... Plaintiffs Vs 1.G.Giri 2.G.Rajalakshmi 3.K.S.Sarasa 4.L.Chandrasekaran ... Defendants Plaint filed under Order VII, Rule-1 of CPC read with Order IV Rule-1 of OS Rules, praying for judgment and decree as follows: i) for partition of the suit schedule property into 4/7th to plaintiff's shares by metes and bound and allotting one share each to the plaintiffs 1 to 4; ii) for a declaration declaring that the Settlement Deed dated 28.02.1996 executed by late Shri.T.A.Gopalakrishnan in favour of the 3rd defendant is null and void and non-est in law;

iii) for a declaration declaring that the Settlement Deed dated 02.12.2010 executed by the 3rd defendant in favour of the 1st defendant is null and void and non-est in law;

iv) consequential permanent injunction restraining the defendants from

alienating or encumbering the suit schedule property to the extent plaintiffs' share, interest and right in the suit schedule property; v) for costs of this suit.

For Plaintiffs : M/s.R.Maheswari & Mr.N.Vijayakumar For Defendants : Mr.P.B.Balaji (D1 to D3) Mr.M.K.Kannan (D4)

JUDGMENT

The learned counsel for the plaintiff as well as the learned counsel for the defendants, have submitted that the dispute between the parties has been amicably settled out of Court and a compromise was also entered into between them and they have filed Joint Memo of Compromise. The plaintiffs and defendants along with their respective counsels are present before this Court.

2. In view of the above submission, the civil suit is disposed of as settled out of Court and the Joint Memo of Compromise shall form part of the decree. Registry is directed to refund the Court fee to the plaintiffs as per law. No costs.

28.03.2017 Index:Yes/No pvs

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

K.KALYANASUNDARAM, J., pvs C.S.No.625 of 2015 28.03.2017