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Madras High CourtCS/163/2023disposed of

K.Padmakar v. K.Sasidar

2024-09-05Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :05.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN K.Padmakar .. Plaintiff /versus/ 1.K.Sasidar 2.Mrs.Sunanda Ravikumar 3.K.Gayathri Sasidar .. Defendants This Civil Suit is filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C, 1908, prayed for a judgment and decree against the Defendants:- a).for partition and separate possession of the plaintiff's 1/3rd share in the plaint 'A' & 'B' schedule properties and allot the same to the plaintiff herein;

b).Directing the defendants 1 & 3 herein to pay 1/3rd share of the mesne profits from the plaint 'A' & 'B' schedule properties from the date of the plaint till date of realization;

c).Appointing an Advocate Commissioner to divide the suit 1/4

property as per the preliminary decree and complete the mesne profits and puts the plaintiff in possession of their 1/3rd share in the plaint 'A' & 'B' schedule property.

(iv) Costs of the suit.

For Plaintiff : Mr.M.Balasubramanian For D1&D3 : Mr.S.Rajasekar For D2 : M/s.R.Abirami *********

J U D G M E N T

The parties had entered into the compromise, and a joint compromise memo dated 22.08.2024 had been presented in Court. Before the mediation, two of the parties had signed the joint memo of compromise along with respective counsels. The terms of the settlement arrived at before the mediation shall form part of the decree and there shall be a decree in terms of the mediation. The final decree is passed as per the terms of the settlement.

2.In view of the above observations, the suit is decreed in terms 2/4

of the joint compromise memo. No order as to costs. The joint compromise memo shall form part of the decree. 05.09.2024 nvi Neutral Citiation : Yes / No Index : Yes / No Speaking order : Yes / No RMT.TEEKAA RAMAN ,J.

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