Abdul Rehman Sulaiman v. Abdul Khader Sulaiman And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE CS No. 309 of 2025 and O.A. No. 1194 of 2025 & A. Nos. 6374 to 6376 of 2025 Abdul Rahman Sulaiman Apt.No.GC-Maple Manor, VR Ramanathan Road, Sulaiman Zackaria Avenue, Chetpet, Chennai-600008 ..Plaintiff(s) Vs.

1. Abdul Khader Sulaiman No.12/3-45, Jamal Manzil, Sait Colony, 1st Street, Egmore, Chennai-600008 Also Partner at M/S.Cortex Healthcare Garments, An unregistered Partnership firm Having Office at Ground Floor, Door.No.55,2nd Street, Sait Colony, Egmore, Chennai-600008

2. Mohammed Nazeer First Floor, Door.No.55,2nd Street, Sait Colony, Egmore, Chennai-600008

3. Farook Sulaiman Second Floor, Door.No.55,2nd Street, Sait Colony, Egmore, Chennai-600008 1/6

Also Partner at M/s.Cortex Healthcare Garments An Unregistered Firm Having Office at Ground Floor, Door.No.55,2nd Street, Sait Colony, Egmore, Chennai-600008 ..Defendant(s) a) Pass a decree for partition and separate possession by dividing the schedule property in to two equal shares of which one share to fall to that of the plaintiff b) For a permanent injunction restraining the 1st defendant , his men and agents or anybody claiming under or through him from in any manner alienating or encumbering or creating any right interest or charge against the plaintiffs share forming part of the schedule property c) Direct the 1st defendant to furnish true and proper accounts of the rents collected by him from the 2nd to 4th defendants towards all floors of the schedule property from April 2020 onwards d) Direct the 1st defendant to pay the plaintiff his share of income arising from the schedule property from April 2020 till the partition of the schedule property along with interest at 18 percent p.a from April 2020 until the date of realization e) For the costs of this suit For Plaintiff(s):

M/S.S. Arjun Suresh(1062/2004) Raghavendra Ross Divakar(2100/2013) Apoorva.S Vinjamur(2414/2018) Anisha Gupta(2598/2019) 2/6

B.Gautham(4750/2019) Divya Priya.T(3494/2022) Dua Associates Mob-9043077113 For Defendant(s):

M/s.V.Sivakumar(286/1996) R.Pravesh(3480/2022) P.M.Sachin(4673/2021) Mob-9840834140 Change Of Vak For D1-d.No-16935/2026filed On-05/06/2026 M/s.Mohammed Qamar Ahmed(271/1993) No.7/13, Sunkurama Chetty St, Ground Floor, Ch-1 Mob-9840045228 Vak For D2 And D3-d.Nos-1840, 1842/2026-filed On-20/01/2026

JUDGMENT

When this matter was taken up for hearing on 17.06.2026, the learned counsels for all parties and the plaintiff and the first defendant are present before this Court and submits that the matter has been settled between the parties and has filed a memo of compromise entered into between the plaintiff and the first defendant dated 13.06.2026, duly signed by both the plaintiff and the first defendant and their respective counsels.

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2. However, it is seen that there is no signature of D2 and D3 in the memo of compromise and the learned counsel for the plaintiff submits that D2 who is a tenant has vacated and there is no dispute between the plaintiff and D3 and the same was stated in the memo of compromise. However, D3 was directed to appear before this Court today.

3.When this matter is taken up for hearing today, D3 is present and submits that the matter has been settled between them and has signed the memorandum of compromise dated 13.06.2026 and the learned counsel for D2 and D3 has also signed the memorandum of compromise and has made an endorsement that his client D2 has vacated and handed over possession to D1 and the matter has been settled between them and has got no objection in the memorandum of compromise. 4.In view of the above, this Civil Suit is disposed of in terms of the memorandum of compromise dated 13.06.2026. The memorandum of compromise dated 13.06.2026 shall form part of the decree and Judgment and the same is recorded. As per the judgment of this Court in, High Court of Judicature at Madras, rep. by its Registrar General Vs. M.C.Subramaniam and others reported in 2021 (3) SCC 560, this court directs the registry to refund the entire 4/6

court fees paid in the suit under Section 69-A of the Tamil Nadu Court Fees Suit & Valuation Act, 1955. No costs. Consequently, all the connected applications and original applications, stand closed.

22-06-2026 Index: Yes/No Speaking/Non-speaking order AY 5/6

DR.A.D.MARIA CLETE, J.

AY C.S. No. 309 of 2025 and O.A. No. 1194 of 2025 & A. Nos. 6374 to 6376 of 2025 22-06-2026 6/6