Madras High CourtEP/41/2017terminated

P.N.Gopinathan, v. O.Harendra Kumar Dave

2022-01-27Honourable Mr Justice Abdul Quddhose14 pages

sIN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 27th DAY OF JANUARY 2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE E.P.No.41 of 2017 and A.Nos.3875 & 3876 of 2021 E.P.No.41 of 2017:- P.N.Gopinathan, S/o G.Narayanaswamy office at III Floor, Asha Mansion No.59, Monteith Road, Egmore, Chennai - 8 Now Office at No.29, Precision Plaza, No.397, Anna Salai, Teynampet Chennai - 600 018 ... Petitioner / Decree Holder -Versus1. O. Harendra Kumar Dave *(Deceased) Egmore, Chennai-8

2. R.Madhusudanan S/o.T.P.Ramakrishnan Office at Thillai Complex-I Floor, No.723, Poonamallee High Road, Aminjikarai, Chennai - 600 029.

**3. Mrs. Asha Dave W/o Late Harendra Kumar Dave

4. Mrs. Sharmila Dave D/o. Late Harendra Kumar Dave

5. Mr.Sanjay Dave

S/o Late Harendra Kumar Dave

6. Mr.Anand Dave S/o Late Harendra Kumar Dave Judgment Debtors Nos.3 to 6 are residing at No.59, Monteith Road, Egmore, Chennai 600 008.

(Judgment Debtors 3 to 6 are brought on record as Legal Heirs of the Deceased First Judgment Debtor as per order dt 4.10.2017 Passed in Application No.6035 of 2017. ) .

..Respondents/Judgment Debtors Execution Petition praying that this Hon'ble Court be pleased to order attachment and sale of immovable property belonging to the Respondent/Judgement debtor in morefully described in the schedule under order 21 Rule 64 of C.P.C. for the realisation of the decree amount along with future interest till the date of realization. Application No. 3875 of 2021:- P.N.Gopinathan (since deceased)

1. A.Vijayalakshmi W/o P.N.Gopinathan residing at 10-b G1 Sharvashree Home 19/10 Sampangi Street Opposite street to Kittu Park, West Mambalam, Chennai - 600 033

2. C.G.Vijaya Narayana (Minor) aged about 17 years Rep. by Guardian A.Vijayalakshmi

Residing at 10-b G1 Sharvashree Home 19/10 Sampangi Street Opposite street to Kittu Park, West Mambalam, Chennai - 600 033 ...Applicants / Applellants 2 & 3 / Decree Holders 2 & 3 -VersusO. Harendra Kumar Dave (since deceased)

1. Mrs. Asha Dave W/o Late Harendra Kumar Dave Egmore, Chennai-600 008

2. Mrs. Sharmila Lazro, D/o. Late Harendra Kumar Dave Egmore, Chennai-600 008

3. Mr.Sanjay Dave S/o Late Harendra Kumar Dave Represented by Power Agent Mr. Anand Dave

4. Mr.Anand Dave S/o Late Harendra Kumar Dave Egmore, Chennai-600 008

5. R.Madhusudanan S/o. T.P.Ramakrishnan, I Floor Thillai Complex 723, Poonamallee High Road, Aminjikarai, Chennai - 600 029.

...Respondents / Respondents Judgment

Debtors 2 to 6 Application praying that this Hon'ble Court be pleased to grant an order of interim stay of all further proceedings in EP 41 of 2017 in C.S. 413 of 2002 pending disposal of the Appeal against the Master order dated 29.09.2021.

Application No. 3876 of 2021:- P.N.Gopinathan (since deceased)

1. A.Vijayalakshmi W/o P.N.Gopinathan residing at 10-b G1 Sharvashree Home 19/10 Sampangi Street Opposite street to Kittu Park, West Mambalam, Chennai - 600 033

2. C.G.Vijaya Narayana (Minor) aged about 17 years Rep. by Guardian A.Vijayalakshmi Residing at 10-b G1 Sharvashree Home 19/10 Sampangi Street Opposite street to Kittu Park, West Mambalam, Chennai - 600 033 ...Applicants / Applellants 2 & 3 / Decree Holders 2 & 3 -Versus1. Mrs. Asha Dave W/o Late Harendra Kumar Dave Egmore, Chennai-600 008

2. Mrs. Sharmila Lazro, D/o. Late Harendra Kumar Dave Egmore, Chennai-600 008

3. Mr.Sanjay Dave S/o Late Harendra Kumar Dave Represented by Power Agent Mr. Anand Dave

4. Mr.Anand Dave S/o Late Harendra Kumar Dave

Egmore, Chennai-600 008

5. R.Madhusudanan S/o. T.P.Ramakrishnan, I Floor Thillai Complex 723, Poonamallee High Road, Aminjikarai, Chennai - 600 029.

...Respondents / Respondents Judgment

Debtors 2 to 6 Application praying that this Hon'ble Court be pleased to set aside the Order and Decreetal Order passed by the Learned Master in App 1363 of 2021 in E.P.41 of 2017 in C.S.413 of 2002 dated 29.09.2021. This Execution Petition along with these Applications coming on this day before this Court for hearing in the presence of M/s.T.V.Krishnamachari, Advocate for the decree holder in E.P.No.41 of 2017 and for the applicant in A.Nos.3875 and 3876 of 2021 and Mr.K.Venkatraman for M/s.Tatua Legal Chennai, Advocates for the Judgement Debtor 3 to 6 in E.P.No.41 of 2017 and for the respondent 3 to 6 in E.P.No.41 of 2017 and for the respondents 3 to 6 in A.Nos.3875 and 3876 of 2021 and upon reading the petition filed in E.P.No.41 of 2017 and the order dated 19.01.2022 made in A.Nos.3875 & 3876 of 2021 and the memo filed by the decree holders and the judgement debtors and the settlement agreement signed by the decree holders and the judgement debtors with respective advocates and the said advocates for the parties hereto, It is ordered as follows:-

That the E.P.No.41 of 2017 shall stand terminated and the decree dated 12.06.2008 passed against the defendants in C.S.No.413 of 2002, be and is hereby set aside by this Court as the dispute has been resolved as per the memos and settlement agreement morefully setout in the schedule hereunder.

2. That the Registrar General of this Court do pay a sum of Rs.3,00,000/- (Rupees Three Lakhs only) now in Court deposit standing to the credit of E.P.No.41 of 2017 to Mrs.A.Vijayalakhsmi the applicant in A.Nos.3875 & 3876 of 2021 and issue cheque therefor in her favour.

3. That the Registry/Account Department, be and is hereby directed to carry out exercise on or before 03.02.2022.

4. That the attachment order granted in pursuance of order dated 12.07.2017 made in E.P.No.41 of 2017, attaching the property morefully setout in the schedule hereunder, be and is hereby raised. Schedule of property belonging to First Respondent O.Harendra Kumar Dave Egmore Village S.No.1625, S.No.1625/12, S.No.1625/13 Door No.59, Montieth Road, Extent 5400 sq.feet, Situated at Periamedu SubRegistration District, with the following boundaries. North by : Door No.60, Monteith Road, South by : Door No.20, Ethiraj Lane and Ethiraj Road

East by : Door No.58, Montieth Road West by : Door No.61/62 Ethiraj Salai.

Settlement Agreements and Memos

KY 03.02.2022 E.P.No.41 of 2017 and A.Nos.3875 & 3876 of 2021

ORDER

DATED : 27.01.2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL : 3.2.2022 APPROVED ON : 03.02.2022 Copy to:

1. The Registrar General, High Court, Madras.

2. The Accounts Section.

3. The Sub Registrar Office, Periamet, Chennai.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 27th DAY OF JANUARY 2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE E.P.No.41 of 2017 and A.Nos.3875 & 3876 of 2021 E.P.No.41 of 2017:- P.N.Gopinathan, S/o G.Narayanaswamy office at III Floor, Asha Mansion No.59, Monteith Road, Egmore, Chennai - 8 Now Office at No.29, Precision Plaza, No.397, Anna Salai, Teynampet Chennai - 600 018 ... Petitioner / Decree Holder -Versus1. O. Harendra Kumar Dave *(Deceased) Egmore, Chennai-8