Geetha Chandramouli v. V.N.Kumara Guru

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.02.2021

CORAM

THE HON`BLE MR.JUSTICE R.PONGIAPPAN and O.A.No.49 of 2016 C.S.No.38 of 2016

1. Mrs.Geetha Chandramouli

2. Ms.C.Archana

3. Mr.Sabarish, rep. By Power Agent Mr.M.S.Chandramouli (amended as per order dated 20.01.2021 in A.No.118 of 2021) ... Plaintiffs Vs

1. V.N.Kumara Guru

2. Mrs.Poornima Rao

3. Mrs.Sulochana Swaminathan

4. Mr.Arvind Swaminathan

5. Kotak Mahindra Bank Ltd., First Floor, Ceebros Centre, No.39, Montieth Road, Egmore, Chennai - 600 039.

... Defendants [Defendants D3 to D5 were given up as per order dated 14.12.2020 vide memo in CS No.38 of 2016) 1/6

Civil Suit filed under Order IV Rule 1 of O. S. Rules read with Order VII Rule 1 of CPC, for the following judgment and decree, against the defendants 1 and 2 :

[i] Declaring that the Sale Deed dated 29.4.2013, bearing Doc.No.1049 of 2013, executed by the 3rd Defendant (i) Mrs.Sulochana Swaminathan and 4th Defendant (ii) Mr.Arvind Swaminathan in favour of the Defendants 1 and 2 herein, to the extent of 424.5 sq.ft. in the common passage, described in the Schedule 'B' of the said Sale Deed as void and not binding on the Plaintiffs;

[ii] For a Mandatory Injunction directing the Defendants 1 and 2 to demolish and remove the encroachments and constructions put up in the the property bearing New Door No.13, Old No.24, Tilak Street, T.Nagar, Chennai - 600 017, comprised in Survey Nos.95/2 and 99/Part, T.S.No.6838, measuring about 5085 sq.ft., described in the schedule hereunder, hindering the free use by the Plaintiffs; [iii] For a Permanent Injunction restraining the Defendants 1 and 2, their Men, Agents, Servants and anyone acting under them from putting up any constructions in the eastern edge of the property bearing New Door No.13, Old No.24, Tilak Street, T.Nagar, Chennai - 600 17, comprised in Survey Nos.95/2 and 99/Part, T.S.No.6838, measuring about 5085 sq.ft., described in the schedule hereunder, by parking their cars or other vehicles in the said area hindering the free use by the Plaintiffs; and 2/6

(iv) For a Decree of Partition dividing the property bearing New Door No.13, Old No.24, Tilak Street, T.Nagar, Chennai - 600 17, comprised in Survey Nos.95/2 and 99/Part, T.S.No.6838, measuring about 5085 sq.ft., described in the schedule hereunder and allotting 50% share to the Plaintiffs with a right to use the first floor portion of the building and handover possession of the same. For Plaintiffs : Mr.Praveen S.Kumar for M/s.Rank Associates For Defendants : Mr.P.Dinesh Kumar (D1 & D2) C.S.No.712 of 2016

1. V.N.Kumara Guru

2. Mrs.Poornima Rao ... Plaintiffs Vs

1. M.S.Chandramouli

2. Sabarish Chandramouli

3. Geetha

4. C.Archana ... Defendants Civil Suit filed under Order VII Rule 1 of CPC, for the following judgment and decree :

[i] for permanent injunction restraining the defendants, their agents, men or any one claiming through them from disturbing or 3/6

interfering with the plaintiffs use and enjoyment of the common passage on schedule 'C' property; and [ii] directing the defendants to pay the cost of this suit. For Plaintiffs : Mr.P.Dinesh Kumar For Defendants : Mr.Praveen S.Kumar for M/s.Rank Associates.

C O M M O N J U D G M E N T Today, when the suits came up for hearing, the plaintiffs 1 to 3 and defendants 1 and 2 in C.S.No.38 of 2016, have appeared in the Video Conferencing along with their respective learned counsel.

2. The Joint Memo of Compromise, filed by the parties, was read out to the parties and thereafter, all the parties have admitted the contents of the Joint Memo of Compromise, as found correct.

3. Hence, the compromise entered into between the Plaintiffs and Defendants, vide Joint Memo of Compromise along with the proposed plan for partition, is recorded. The suit in C.S.No.38 of 2016, is decreed 4/6

in terms of the Joint Memo of Compromise. The Joint Memo of Compromise, along with the proposed plan for partition, filed by either parties, shall form part of the decree. Consequently, the suit in C.S.No.712 of 2016, which is the connected suit filed for the relief of injunction, is dismissed as infructuous. Original Application viz., O.A.No.49 of 2016, is closed.

04.02.2021 ars Index : Yes/No Internet: Yes/No Speaking/Non-Speaking Order 5/6

R.PONGIAPPAN, J.

ars 04.02.2021 6/6