Madras High CourtCS/25/2016decree in terms of memo of comprom

K.P.Ramachandra Menon (Decd) v. Madhu Chandran

2024-10-21Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN C.S.No. 25 of 2016 1.K.P. Ramachandra Menon( deceased) Amended as per order dt 07.03.2016 in A.No.1147/2016

2. Indira Ramachandran

3. Vijay Aditiya

4. Monish Chandran ..Plaintiffs

Versus

1.Madhu Chandran 2.Priya Madhu 3.Minor Diya Madhu Rep by her mother and natural guardian Mrs.Priya Madhu ..Defendants Prayer:

Plaint under Order IV Rule 1 of Original Side Rules read with order VII, Rule 1 of CPC., prays for judgment and decree, i) declaring that the Settlement Deed dated 18.06.2014 registered as document bearing No.2269 of 2014 on the file of SRO, Kodambakkam executed by the 1st defendant in favour of 2nd and 3rd defendants is null and void and not binding upon the plaintiffs.

ii) directing the division of the Schedule property in to four shares by metes and bounds and allotting 1⁄4 share each to the plaintiffs 2 to 4 herein and consequently for appointment of Commissioner for effecting partition in terms of the preliminary decree and putting the plaintiffs 2 to 4 in possession of their respective 1⁄4 share in the schedule mentioned property; iii) permanent injunction restraining the defendants, their men, agents 1/4

or anybody claiming under or on behalf of the defendant herein any manner dealing with the schedule property either by alienating, leasing mortgaging or in any other manner and iv) to pay the cost of the suit.

For Plaintiffs : M/s.K.V.Sundarajan For Defendants : M/s.A.V.Bharathi JUDGEMENT When this matter is taken up for hearing today, learned counsel for the defendants submitted that the third defendant namely Minor Diya Madhu, represented by her mother and natural guardian Mrs.Priya Madhu, has attained the age of majority now and hence she seeks to remove the name of the guardian for the 3rd defendant. In proof of the same, she has filed the birth certificate of the 3rd defendant. She has also made an endorsement to that effect.

2. The learned counsel for the plaintiffs as well as the learned counsel for the defendants submitted that this matter has been compromised between the parties. Pursuant to the same, they have filed a Memo of Understanding dated 20.10.2024 which has been duly signed by them and their respective parties.

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3. The said Memo of Understanding and the endorsement made by the learned counsel for the defendants are recorded.

4. In view of the above, the suit is decreed in terms of the Memo of Understanding entered between the parties and the same shall form part of the decree.

Gv 21.10.2024 (1/2) A.A.NAKKIRAN.,J.

gv 3/4

C.S.No. 25 of 2016 21.10.2024 (1/2) 4/4