M.Vijaykumar v. Kalaiselvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 09.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.48 of 2016 and O.A.No.60 of 2016 Application No.521 of 2016 M.Vijaykumar ... Plaintiff

Versus

Kalaiselvi ... Defendant PRAYER : The Civil Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of Civil Procedure Code for the following prayer :-.

a. pass a preliminary decree for partition of the movable assets belonging to the estate of Late Shri V.Muthian, as mentioned in the Schedule to the plaint and thereafter, pass a final decree and give to the plaintiff and the defendant equal share of the said property and b. direct the defendant to pay costs of the suit. For Plaintiff : Ms.S.P.Arthi For Defendant : Mr.P.B.Ramanjuam *******

C.V.KARTHIKEYAN, J.

vsi2

J U D G M E N T

A joint memo of compromise has been filed on behalf of the plaintiff and the defendant. The suit had been instituted by brother as against his sister seeking partition and separate possession. The partition was sought for, in respect of movables predominantly deposited in various financial institutions left behind by the father of the parties. Pending the suit, the plaintiff and the defendant have entered into a joint memo of compromise which is also signed by both the plaintiff and the defendant. It is also stated with respect to other litigations viz. O.S. No.5437 of 2016 filed before the VII Assistant City Civil Court, Chennai and also F.C.O.P. No.2570 of 2016, it will be mutually settled in view of the joint memo of compromise.

2. In the said circumstances, the suit is decreed in terms of the joint memo of compromise and the joint memo of compromise shall form part of the decree no costs. Consequently, connected applications are closed.

09.02.2017 Index:yes/no Internet:yes vsi2 Judgment in C.S.No.48 of 2016 and O.A.No.60 of 2016

Application No.521 of 2016 http://www.judis.nic.in