1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 1st DAY OF FEBRUARY, 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR C.S.No.832 of 2004 and A.No.7652 of 2018 C.S.No.832 of 2004: 1.Nithyanandan A Mudaliar(Deceased), S/o.Arumuga Mudaliar, No.GT-003, Purva Park, 53, MSO Officers Colony, Cox Town, Bangalore – 560 084. Rep. by his Power of Attorney Agent, Jayanthi N Mudhaliar. 2.Jayanthi Mudaliar, W/o.Late Nithyananda Mudaliar, No.GT-003, Purva Park, 53, MSO Officers Colony, Cox Town, Bangalore – 560 084. 3.Ms.Ashwini, D/o.Late Nithyananda Mudaliar, No.GT-003, Purva Park, 53, MSO Officers Colony, Cox Town, Bangalore – 560 084. (Amended as per Order dated 24.08.2018 in Application No.7438 of 2010 in C.S.No.832 of 2004) ..Plaintiffs. Vs. 1.Saraswathi Narayan, 1055, 'B' Sector VI, 43rd Street, Anna Nagar West Extn., Chennai – 600 101. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Padmanaban, No.1055, Anna Nagar West Extn., Chennai – 50. 3.Bhoopalan Arumugam Mudhaliar, S/o.(Deceased) Arumugam Muthukrishna Mudhaliar, No.8/16, Gandhi Street, Venkatesh Nagar, Virugambakkam, Chennai – 600 092. 4.Padmini Gunasekharan, w/o.S.R.Gunasekharan, Flat No.z-100, Block No.75, V Avenue, Ann Nagar, Chennai – 600 040. (The 3rd and 4th Defendants are impleaded as per Order dated 31.10.2018 in Application Nos.8437 & 8439 of 2018) ..Defendants. C.S.No.832 of 2004: Civil Suit praying that this Hon'ble Court be pleased to pass a Decree and Judgment directing the Defendant: [a] to hand over the vacant possession of the suit property bearing No.1055, Anna Nagar West Extn.,(New Division No.66), Chennai-50 to the Plaintiff; [b] to pay a sum of Rs.3,000/- towards damages for use and occupation from the date of the Plaint till the date of the handing over possession to the Plaintiff; and [c] for the costs of the suit. https://hcservices.ecourts.gov.in/hcservices/ 3 A.No.7652 of 2018: Padmanaban, No.1055, Anna Nagar West Extn., Chennai – 600 101. ..Applicant Vs. 1.Nithyanandan A Mudaliar(Deceased), S/o.Arumuga Mudaliar, No.GT-003, Purva Park, 53, MSO Officers Colony, Cox Town, Bangalore – 560 084. Rep. by his Power of Attorney Agent, Jayanthi N Mudhaliar. 2.Jayanthi Mudaliar, W/o.Late Nithyananda Mudaliar, No.GT-003, Purva Park, 53, MSO Officers Colony, Cox Town, Bangalore – 560 084. 3.Ashwini Mudaliar, D/o.Late Nithyananda Mudaliar, No.GT-003, Purva Park, 53, MSO Officers Colony, Cox Town, Bangalore – 560 084. 4.Saraswathi Narayan, 1055, 'B' Sector VI, 43rd Street, Anna Nagar West Extn., Chennai – 600 101. ..Respondents. Application praying that this Hon'ble Court be pleased to condone the delay of 4987 days in filing the Written Statement in C.S.No.832 of 2004 on the file of this Hon'ble Court. This Civil Suit along with the Application coming on this day before this Court for hearing in the presence of Mrs.S.Indumathi Ravi, Advocate for the Plaintiffs in C.S.No.832 of 2004 and for the Respondents 2 & 3 in A.No.7652 of 2018 and Mr.M.Adeeb Mohammed, Advocate for the https://hcservices.ecourts.gov.in/hcservices/ 4 2nd Defendant in C.S.No.832 of 2004 and for the Applicant in A.No.7652 of 2018 and Mr.M.Nirmal Kumar, Advocate for the Defendants 3 & 4 in C.S.No.832 of 2004 and the 1st Defendant herein, having been set exparte and upon reading the Plaint filed herein and the Judge's Summons and the Affidavit of A.Padmanabhan filed in A.No.7652 of 2018 and the decree dated 24.03.2010 made in C.S. No.832 of 2004 and to set aside order dated 06.09.2011 in A. No.7438 of 2010 the Mediation Report and Memorandum of Compromise signed by the Plaintiffs and the Defendants with their respective Advocates for the Parties hereto and this Court pass a decree interms of Memorandum of Compromise morefully set out in the schedule hereunder, it is interms thereof Ordered and Decreed as follows: 1) That the 2nd, 3rd and 4th Defendants herein acknowledge the right to ownership of the 2nd and 3rd Plaintiffs herein to ½ share of the suit property morefully set out in the schedule hereunder together as the legal heirs of the original deceased 1st Plaintiff, namely late.Nithyanandan A.Mudaliar, who was entitled to ½ share of the property vie Sale Deed dated 07.03.1994 and registered as Document No.1244/1994 in the office of the Sub Registrar, Ambattur. 2) That the Plaintiffs and the 2nd Defendant herein acknowledge that the 3rd and 4th Defendants herein are jointly entitled to ½ share of the said suit schedule property vide Settlement Deed dated 03.09.2004 bearing its Document No.4414 of 2004 executed by their (deceased) mother Mrs.Dhanalakshmi. 3) That the Plaintiff herein further acknowledge that the 2nd Defendant herein was a permissive occupant of the said suit schedule property and consequently give up their claim to damages for a sum of Rs.3,000/-(Rupees Three https://hcservices.ecourts.gov.in/hcservices/ 5 Thousand Only) every month till the date of handing over possession towards the use and occupation of the suit schedule property as sought by them in C.S.No.832 of 2004. 4) That the Plaintiffs and the 2nd, 3rd and 4th Defendants herein acknowledge that the 1st Defendant herein who is already set ex-parte, is not connected to the suit schedule property in any manner and shall therefore have no right or interest in the same. 5) That the Plaintiffs and the 3rd and 4th Defendants herein have agreed to sell the said suit schedule property together and realise the amount in equal proportion as entitled, depending on the share held by each of them in the said suit schedule property. The 2nd Defendant has no objection to the same. 6) That it is agreed by the Plaintiffs and the Defendants herein that each shall endeavour to bring forth prospective purchasers in order to sell the property and the highest bidder among them shall be permitted to purchase the said suit schedule property, thereby bringing about an amicable solution between the parties. 7) That the 2nd Defendant herein who is in possession of the suit schedule property shall permit the prospective purchasers to inspect the property as and when required with prior information to the 2nd Defendant subject to his convenience. 8) That the Plaintiffs and Defendants herein shall arrange to issue advertisement for sale of the suit schedule property in news papers and the highest offer received pursuant to the said advertisement shall be accepted by the parties without an demur and the property shall be sold to the said purchasers. The cost of such https://hcservices.ecourts.gov.in/hcservices/ 6 publication shall be shared by both the parties. 9) That the 3rd and 4th Defendants herein shall pay up to date property Tax, Water & Sewage Tax and the Electricity Charges as they are in possession of the suit schedule property till the date of handing over of the possession of the suit schedule property to the prospective purchaser. 10) That the Plaintiffs and the 3rd and 4th Defendants herein have agreed to share the expenditure incurred in the course of the sale of the said suit schedule property equally. 11) That the Plaintiffs herein shall withdraw the above E.P.No.22 of 2017 pending on the file of the Hon'ble District Munsif Court at Ambattur filed seeking execution of ex-parte Decree dated 24.03.2010 which is now set-aside by the Hon'ble High Court. 12) That the Parties hereto shall endeavour to complete the process of sale within a period of 6 months. 13) That the A.No.7652 of 2018 do stand closed. 14) That there shall be no order as to costs. SCHEDULE SCHEDULE-A: All the piece and parcel of land bearing Plot No.1055 at Arignar Anna Nagar, Western Extn. Madras comprised in S.No.157/1 Part and 156/1 Part of Mogappair Village, Chennai-Anna District and measuring 1 Ground and Nil Sq.Ft. (approximately 2400 Sq.Ft.) bounded on the North by:Plot https://hcservices.ecourts.gov.in/hcservices/ 7 No.1056, East by:30 Feet Road, South by:Plot No.1054, West by:Plot No.1067 in Arignar Anna Nagar, Western Extension Scheme area measuring on the East West on the Northern and Southern sides – 60 Feets; North South and the Eastern and Western sides – 40 Feet within the Registration Sub District of Ambattur and the Registration District of Madras North(Corporation Division No.66). SCHEDULE-B: Undivided 1/4th share in the vacant house site fully described in Schedule A above with apartment built with approximately 720 Sq.Ft. inclusive of the common area, 2 bed rooms, toilets, kitchen, drawring cum dinning etc. In the ground floor surrounded on the North by:Plot No.1056, South by: Plot No.1054, East by: 30 Feet Road, West by: Other portion of the ground floor of the apartment owned by Narayanan in the A-Schedule. Schedule – Mediation Report and Memorandum of Compromise https://hcservices.ecourts.gov.in/hcservices/ 8 KUN 06.03.2019 C.S.No.832 of 2004 and A.No.7652 of 2018 Decree Dated:01.02.2019 THE HON'BLE MR.JUSTICE R.SURESH KUMAR FOR APPROVAL: 13/03/2019 APPROVED ON:13/03/2019 https://hcservices.ecourts.gov.in/hcservices/