Madras High CourtCS/328/2003decree in terms of memo of comprom

Mrs. M.Gnanasoundari v. Mrs. S.Angayarkannai (Deceased)

2016-10-04Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2016

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.S.NO.328 OF 2003 AND T.O.S.NO.1 OF 2009 C.S.NO.328 OF 2003 M.Gnanasundari ..

Plaintiff

Versus

1.S.Angayarkanno (Deceased) 2.Jagadeeswari 3.S.Padmanabhan 4.S.Senathipathy (Plaintiff and defendants 2 to 4 already on record, recorded as legal heirs of the deceased first defendant as per order dated 04.10.2016 on memo in D.No.36196/16 in C.S.No.328 of 2003) 5.M/s.Canara Bank Tondiarpet Branch Rep. By its Manager Chennai - 21.

6.M/s.George Town Co-operative Bank Washermenpet Branch Rep. By its Manager Chennai - 21.

Defendants

PRAYER: Plaint filed under Order IV Rule 1 of the Original Side Rules, 1956 read with Order VII Rule 1 CPC praying for a judgment and decree directing the partitioning of the suit schedule mentioned properties by metes and bounds and by allotting:- a) 6/20 shares to the plaintiff in all the suit schedule mentioned properties.

b) directing the defendants 3 and 4 to render accounts and to pay the past and future mense profits.

c) directing the defendants to pay the cost of the suit. For Plaintiff :

Mr.K.Surendranath For Defendant-2 :

Mr.N.Thiagarajan For Defendant-3 :

Mr.P.Wesley Issac For Defendant-4 :

Mr.JRK. Bhavanantham T.O.S.NO.1 OF 2009 S.Senathipathy ..

Plaintiff

Versus

Gnanasoundari ..

Defendant PRAYER: Petition filed under Section 232 and 276 of the Indian Succession Act read with XXXIX of 1925 and under Order XXV Rule 5 of Original Side Rules praying to grant Letters of Administration with the will annexed may be granted

to the plaintiff as one of the legatee under the will of the said deceased. For Plaintiff :

Mr.S.Natanarajan For Defendant :

Mr.K.Surendranath COMMON JUDGMENT It is represented that during the pendency of the above suits, the parties have negotiated and settled the matter in mediation and the mediation report as well as a joint memo of compromise dated 01.09.2016 signed by the parties and their respective counsel has been produced today, with a request to record the joint memo of compromise and pass a decree in terms of the same.

2. Accordingly, C.S.No.328 of 2003 is decreed in terms of the joint memo of compromise and T.O.S.No.1 of 2009 is disposed of in terms of the joint memo of compromise. The joint memo of compromise dated 01.09.2016 shall form part of the decree and the same shall be annexed to the decree. No costs. 04.10.2016 Index : Yes/No Internet : Yes/No TK PUSHPA SATHYANARAYANA, J.

TK C.S.NO.328 OF 2003 AND T.O.S.NO.1 OF 2009 04.10.2016 http://www.judis.nic.in