← Library
Madras High CourtCS/394/2014allowed

J.Ranganathan Chetty v. K.Saravankumar

2025-04-29Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.J.Ranganathan Chetty 2.R.Jayakumar (Deceased) 3.R.Sukumar 4.Y.Sasikala 5.P.R.Chitra Prasad 6.J.Saraswathi 7.J.Praveen Kumar 8.R.Rekha ... Plaintiffs (Plaintiffs 6 to 8 are the L.Rs of the deceased 2nd plaintiff as per order dated 11.12.2017 in A.No.8208 of 2017 vide order dated 06.02.2018). Vs 1.K.Sravankumar 2.K.Naveen 3.K.Sriranjani 4.Lakshnu Bhargavi 5.Narangi Devi (Deceased) 6.Munnalal Rajprohit 7.Shankarlal 8.Neetu 9.H.Bhavani 10.Nilesh ... Defendants (Defendants 7 to 10 are brought on record as legal heirs of the deceased 5th defendant as per order dated 26.04.2024 in A.Nos.2326 to 2328 of 2024) 1/6

This Civil Suit is preferred, under Order IV, Rule 1 OS Rules Read with Section 26 and Order VII Rule 1 of CPC, pleased to pass a Judgment and decree as against the defendants (a)To declare that the settlement deed executed by Late K.Lakshmi Narasimhalu in favour of defendants 1 & 2 dated 07.03.2011 and registered as document Nos.364 and 365 of 2011 in respect of first floor with right to construct fourth and fifth floor of schedule property to the extent of plaintiffs 3/4th share along with T.Elumalai is not binding on the plaintiffs;

(b)To declare that the sale deed dated 02.02.2011 and registered as document No.159/11 executed by Late K.Lakshmi Narashimalu in favour of 5th defendant in respect of 2nd floor of schedule property to the extent of plaintiffs 3/4th share not binding on the plaintiffs; (c)To declare that the sale deed executed by Late K.Lakshmi Narasimhalu in favour of the 6th defendant on 02.02.2011 registered as Document No.160 of 2011 in respect of entire 3rd floor of schedule property to the extent of plaintiffs 3/4th share not binding on the plaintiffs;

(d)To consequently grant a permanent injunction against defendants from alienating or encumbering suit schedule property and (e)directing the defendants to pay the entire cost of the suit. 2/6

For Plaintiffs : Mr.S.Udaya Kumar For Defendants : Mr.R.Thiagarajan M/s.Vasudha Thiagarajan

ORDER

The learned counsel for the plaintiffs and the learned counsel for the defendants are present before this Court. The plaintiffs and the defendants have arrived at a compromise and have filed a Joint Memo of Compromise today dated 28.04.2025 before this Court. The plaintiffs have received the following Demand Drafts:- (a)By Demand Draft bearing No.691577 dated 23.04.2025 issued by Karur Vysya Bank Ltd., Venkatapuram, Chennai - 600 053, for a sum of Rs.8,25,000/- (Rupees Eight Lakhs Twenty Five Thousand Only) (b)By Demand Draft bearing No.691578 dated 23.04.2025 issued by Karur Vysya Bank Ltd., Venkatapuram, Chennai - 600 053 for a sum of Rs.8,25,000/- (Rupees Eight Lakhs Twenty Five Thousand Only)

2. The learned counsel for the plaintiffs and the first defendant have made an endorsement in the copy of the photo copy of the Demand Drafts as a token of having received the same in the open Court. The 3/6

signed copy of the two Demand Drafts shall form part of the Court record. The Photo Copies of the two Demand Drafts have been enclosed. The other two Demand Drafts at Sl.Nos.C&D have been shown to this Court namely:- "(c)By Demand Draft bearing No.691579 dated 23.04.2025 issued by Karur Vysya Bank Ltd., Venkatapuram, Chennai - 600 053 for a sum of Rs.8,25,000/- (Rupees Eight Lakhs Twenty Five Thousand only) (d)By Demand Draft bearing No.691580 dated 23.04.2025 issued by Karur Vysya Bank Ltd., Venkatapuram, Chennai - 600 053 for a sum of Rs.8,25,000/- (Rupees Eights Lakhs Twenty Five Thounsand only)."

3. The learned counsel for the defendants submits that these Demand Drafts will be handed over to the plaintiffs, at the time of execution and registration of the sale deed pursuant to the Joint Memo of Compromise dated 28.04.2025 which has been filed today.

4. The learned counsel for the defendants have also made an endorsement on the bundle same that the same will be handed over to the plaintiffs after execution of the sale deed and at the time of registration. Since these Demand Drafts are all dated 23.04.2025, the parties shall 4/6

endeavour to have the sale deed executed and registered within a period of 30 days from today, as expeditiously as possible, as soon as the order is uploaded as these Demand Drafts have validity period of only three months.

5. The copy of the Joint Memo of Compromise and photo copies of the Demand Drafts at Sl.Nos.A&B and Sl.Nos.C&D in Paragraph No.16 of the Joint Memo of Compromise shall form part of the decree. The Joint Memo of Compromise dated 28.04.2025, shall form part of the decree in this Suit. No costs.

29.04.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas 5/6

C.SARAVANAN, J.

jas 29.04.2025 6/6