Madras High CourtCS/233/2023decree in terms of memo of comprom

Amla Rathi Rayen v. John Rosary Albert Rayen

2024-02-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.02.2024

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.233 of 2023 & O.A.No.1028 of 2023

1. Mrs.Amla Rathi Rayan

2. Mr.Swaminathia Rosaria Rayan

3. Dr.Ani Rosalin Rayen .. Plaintiffs Vs.

Dr.John Rosary Albert Rayen .. Defendant Civil Suit filed under Order IV Rule 1 of Original Side Rules 1956 read with Order VII Rule 1 CPC praying for the following judgment and decree against the defendants.

a) For partition and separate possession of the suit schedule properties by metes and bounds by allotting 1⁄4 share each to the plaintiffs; b) For a permanent injunction restraining the defendants, her people, agents or anybody claiming through her from alienating the 3⁄4 share of the plaintiffs in the suit schedule properties;

c] For the costs of the suit.

1/4

For Plaintiffs : Mr.K.Rajasekaran For defendant : Mr.T.K.S.Gandhi

J U D G M E N T

This suit has been filed for partition and separate possession of the suit schedule properties by metes and bounds by allotting 1⁄4 share each to the plaintiffs, for a permanent injunction restraining the defendants, her people, agents or anybody claiming through her from alienating the 3⁄4 share of the plaintiffs in the suit schedule properties and for costs.

2. When the matter is taken up today, the learned counsel for the plaintiffs and the defendants submitted that the suit has been settled out of Court before the Mediation Center and a Settlement Agreement executed between the parties dated 21.02.2024 has been filed before Mediation Center wherein the parties have signed in the above agreement along with their counsel. The Settlement Agreement entered between the parties before the Mediation Center has been sent to this Court.

3. Accordingly, this suit is dismissed as settled out of Court and the 2/4

registry is directed to refund the Court Fee as per Law to the plaintiffs. The Settlement Agreement entered between the parties dated 21.02.2024 form part of the decree and judgment.

27.02.2024 vrc 3/4

N.SATHISH KUMAR, J.

vrc 27.02.2024 4/4