LAWS(MAD)-2017-8-442

ANANTHA PADMANABHAN Vs. ACHUTHA PADMANABHAN (DECEASED)

Decided On August 29, 2017
Anantha Padmanabhan Appellant
V/S
Achutha Padmanabhan (Deceased) Respondents

JUDGEMENT

(1.) The suit had been filed seeking partition and separate possession. The plaintiff and the deceased sole defendant are brothers. Subsequent to the demise of the defendant, his wife and son have been brought on record. Very fortunately and also to the satisfaction of the Court, for which, this Court also placed its deep appreciation to the learned counsel for the plaintiff-M/s.Pass Associates and the learned counsel for the defendants-M/s.Senthil Kumar Associates, both the plaintiff and the defendants have mutually agreed to enter into a Memorandum of Compromise. Accordingly, the Memorandum of Compromise was prepared and it has been signed in each and every page by the plaintiff-Anantha Padmanabhan and by two defendants, Mrs.A.Radha and her son Mr.A.Srikumar. The plaintiff and the defendants are also present in Court today. The Memorandum of Compromise has also been signed by the learned counsel for the plaintiff and the defendants. There is also a rough sketch prepared, giving the common road, Plot 'B' in green colour and Plot 'A' in blue colour. Plot ''B''is alloted to the plaintiff. Plot "A" is alloted to the defendants. The parties as stated above, are present in Court. As a matter of fact, the first defendant-Mrs.Radha had read the Memorandum of Compromise to satisfy herself.

(2.) The terms of Joint Memorandum of Compromise are recorded, which reads as follows: All that piece and parcel of the house and ground bearing Plot No:1A(Part), Door No:459(Part), New Door No:42, previously Door No:20, Hadley (Part) Garden Road, Kilpauk, Chennai 600010, being the Eastern portion of the mentioned property, and comprised in R.S.No:77/2 Part, Egmore Village, Egmore Nungambakkam Taluk, and bounded All that piece and parcel of the house and ground bearing Plot No:1A(Part), Door No:459(Part), New Door No:42, previously Door No:20, Hadley (Part) Garden Road, Kilpauk, Chennai 600010, being the Western portion of the mentioned property, and comprised in R.S.No:77/2 Part, Egmore Village, Egmore Nungambakkam Taluk, and bounded On the East by : mentioned property and

(3.) The Joint Memo of Compromise including the sketch is recorded. Taking the same on file, the suit is decreed in terms of the said Memo of Compromise. The Joint Memo of Compromise including sketch shall form part of the decree. No costs. Consequently, connected miscellaneous application is closed.