Madras High CourtCS/389/2016dismissed as settled out of court

Varadarajan (Deceased) v. Saraswathi

2024-08-29Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C.S.No.389 of 2016 and A.Nos.2968 & 2970 of 2024 1.Varadharajan 2.Shanthakumari 3.Sasikala 4.Lakshminarayanan ... Plaintiffs vs.

1.Saraswathi

2. Vasanthi 3.Valli 4.Ulaganathan 5.Perumal 6.Geetha ...Defendants Prayer :- Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of the Civil Procedure Code praying for a judgment and decree against the defendants for the following reliefsa) directing division by metes and bounds of the properties described in the plaint schedule A, B and C into 7 equal shares and to allot one such share to the plaintiffs herein and b) to award the future mesne profits generated from schedule 'A' 1/4

property from the date of this plaint till the final decree granted and c) directing the defendants to pay the costs of the suit. For Plaintiffs : Mrs.K.Subhashini For Defendants : Mr.M.Praveen Kumar

JUDGMENT

When this matter is taken up for hearing today, the learned counsel for the plaintiffs as well as the learned counsel for the defendants submitted that the matter has been compromised between the parties. Pursuant to the same, they have filed a Memorandum of Understanding dated 22.08.2024 which has been duly signed by them and their respective counsel.

2. Learned counsel for the plaintiffs further submitted that an error crept in while describing Schedule 'A' property in the plaint filed in support of the suit and the correct description of the property is described in the Memorandum of Understanding.

3. The said Memorandum of Understanding is recorded.

4. In view of the same, the suit is decreed in terms of the Memorandum of Understanding entered between the parties and the above 2/4

Memorandum of Understanding shall form part of the decree. Consequently, connected applications are closed. The entire Court Fee is ordered to be refunded to the plaintiffs.

Gv 29.08.2024 A.A.NAKKIRAN,J.

Gv 3/4

C.S.No.389 of 2016 and A.Nos.2968 & 2970 of 2024 29.08.2024 4/4