IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

MONDAY, THE 21ST DAY OF FEBRUARY 2022

THE HON'BLE MR. JUSTICE P. VELMURUGAN

C.S.No. 242 of 2021 and O.A.Nos. 470 & 471 of 2021

S. Ushadevi, W/o. D. Sankar, Flat No.6, Rama Apartments, Old No.7, New No.13, Jethnagar, 3^rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028.

... Plaintiff/Applicant (in all the applications)

-Vs-

• Sumathi Sivakumar, Flat No.1, Rama Apartments, Old No.7, New No.13. Jethnagar, 3^rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028.
• P.A. Ramanathan, Flat No.2, Rama Apartments, Old No.7, New No.13. Jethnagar, 3^rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028.
• 3. Ravi Subramanian, Flat No.3, Rama Apartments, Old No.7, New No.13, https://hcservices.ecourts.glvithheagar\_/ 3^rd Cross Street, R.A.Puram, Mandaveli,

Chennai - 600 028.

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4. A. Usha, W/o. Mr. Anandapadmanaban, Flat No.4, Rama Apartments, Old No.7, New No.13, Jethnagar, 3rd Cross Street, R.A.Puram, Mandaveli,

Chennai – 600 028.

• 5. Shivapriya, W/o. Mr. Krishnakumar, Flat No.5, Rama Apartments, Old No.7, New No.13, Jethnagar, 3rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028.
• 6. Shyam Chandra, Flat No.5, Rama Apartments, Old No.7, New No.13, Jethnagar, 3rd Cross Street, R.A.Puram, Mandaveli, Chennai - 600 028.
• 7. Lakshmi Mani, Flat No.7, Rama Apartments, Old No.7, New No.13, Jethnagar, 3rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028.
• 8. P. Kuppusamy, Flat No.8, Rama Apartments, Old No.7, New No.13, Jethnagar, 3rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028. ... Defendants/Respondents

(in all the applications)

Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree :

a) Declaring that the Plaintiff is the absolute owner of the Flat No.6 in first floor in Old No.7, New No.13, Jethnagar, 3 rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028, more fully described in Schedule A and Schedule B below :

b) For permanent injunction restraining the defendants, their men, agents or any person acting under them, from in any manner demolishing or in any way altering the superstructure with respect to the building comprised in Schedule-A mentioned property.

c) For permanent injunction restraining the defendants, their men, agents or any person acting under them, from in any manner interfering with the Plaintiff's possession and enjoyment of the Schedule-B mentioned property.

d) Directing the Defendants to pay to the Plaintiff the cost of the suit.

O.A.No. 470 of 2021 :-

Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the defendants, their men, https://hcservices.ecourts.gov.in/hcservices/

agents or any person acting under them, from in any manner interfering with

https://hcservices.ecourts.gov.in/hcservices/

the Applicant's possession and enjoyment of the Schedule-B mentioned property pending disposal of the instant suit.

O.A.No. 471 of 2021 :-

Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the defendants, their men, agents or any person acting under them, from in any manner demolishing or in any way altering the superstructure with respect to the building comprised in Schedule-A mentioned property pending disposal of the instant suit.

This Civil Suit along with these Original Applications coming on this day before this court for hearing in the presence of Mr.Prasanna Venkat For M/s. APR Associates, for the plaintiff and Advocates for the applicant in O.A.Nos.470 & 471 of 2021 and M/s. Iyer & Thomas, Advocates for the 1 st respondent in C.S.No. 242 of 2021 and for the 1 st respondent in O.A.Nos. 470 & 471 of 2021 and Mr.K.Newlin Fredrick, Advocate for the defendants 2, 3, 4 & 8 in C.S.No. 242 of 2021 and for the respondents 2, 3, 4 & 8 in O.A.Nos. 470 & 471 of 2021 and upon reading the plaint filed in C.S.No. 242 of 2021 and the order dated 7/10/2021 made in O.A.Nos. 470 & 471 of

2021 in C.S.No. 242 of 2021 and the Mediation Report and the Joint

Memorandum of Compromise signed by the Plaintiff and the defendants 1 to 4 & 8 with their respective advocates the said advocates for the parties hereto praying this Court to pass a decree in terms of Joint Memorandum of Compromise morefully set out in the Schedule hereunder, it is interms thereof ordered and decreed as follows :-

That S.Usha Devi, the plaintiff herein, be and is hereby declared as the absolute owner of the suit properties morefully set out in the Schedule A & B hereunder.

2. That (1) Sumathi Sivakumar, (2) P.A. Ramanathan, (3) Ravi Subramanian, (4) A.Usha and (5) P.Kuppusamy the defendants 1 to 4 & 8 herein, their men, agents, or any person acting under them, be and are hereby restrained by an order of permanent injunction from (a) in any manner demolishing or in any way altering the superstructure with respect to the building comprised in said Schedule-A mentioned property and (b) in any manner interfering with the plaintiff's possession and enjoyment of the said Schedule-B mentioned property.

3. That the plaintiff herein, shall give up prayer (d) as contained in para 19 of the plaint as against the defendants 1 to 4 and 8 herein. https://hcservices.ecourts.gov.in/hcservices/

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4. That the parties hereto, agree to live amicably as neighbours/ cohabitants and further agree to follow the terms of this Compromise in the true letter and spirit and the parties hereto also agree that they shall not to do any act/omission to defeat the present compromise.

5. That the parties hereto, shall bear their respective costs.

6. That the learned counsel for the plaintiff herein, be and is hereby directed to serve fresh summons on defendants 5 to 7 herein returnable by 23.03.2022.

SCHEDULE – A

All the piece of land admeasuring 3553 sq.ft. of land, situated at Old No.7, New No.13, Jethnagar, 3 rd Cross Street, R.A.Puram, Chennai – 600 028, under R.S.No. 4078 bounded on the ;

NORTH BY	:	40 Feet<br>Road
SOUTH BY	:	R.S.No. 4076/1
EAST BY	:	Plot No.9
WEST BY	:	Plot No.11

https://hcservices.ecourts.gov.in/hcservices/

SCHEDULE – B

All the piece of land admeasuring 14/102 undivided share of the total

extent of Schedule-A Property together with built up area of 650 square feet

situated in Flat No.6, First Floor, Rama Apartments located in the Schedule-

A Property herein above.

WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 21ST DAY OF FEBRUARY 2022.

Sd/- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2022.

COURT OFFICER(O.S.)

From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ED 03.03.2022

C.S.No. 242 of 2021 and O.A.Nos. 470 & 471 of 2021

DECREE

DATED : 21.02.2022

THE HON'BLE MR. JUSTICE P. VELMURUGAN

FOR APPROVAL: 04.03.2022

APPROVED ON : 04.03.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.02.2022

Coram:

THE HON'BLE MR. JUSTICE P. VELMURUGAN

C.S.No.242 of 2021 & OA.Nos.470 & 471 of 2021

S.Ushadevi ... Plaintiff

vs.

1.Sumathi Sivakumar 2.P.A.Ramanathan 3.Ravi Subramanian 4.A.Usha 5.Shivapriya 6.Shyam Chandra 7.Lakshmi Mani

8.P.Kuppusamy ... Defendants

Civil Suit filed under Order IV Rule 1 of Original Side Rule read with Order VII Rule 1 of CPC (a) for declaring that the plaintiff is the absolute owner of the Flat No.6 in first floor in Old No.7, New No.13, Jethnagar, 3 rd Cross Street, R.A.Puram, Mandaveli, Chennai – 600 028, more fully described in Schedule A and Schedule B; (b) For permanent injunction restraining the defendants, their men, agents or any person acting under https://hcservices.ecourts.gov.in/hcservices/

them, from in any manner demolishing or in any way altering the superstructure with respect to the building comprised in schedule A mentioned property; (c) for permanent injunction restraining the defendants, their men, agents or any person acting under them, from in any manner interfering with the Plaintiff's possession and enjoyment of the schedule B mentioned property; and (d) directing the defendants to pay to the plaintiff the cost of the suit.

For plaintiff	: Mr.Prasanna<br>Venkat<br>for<br>M/s.APR<br>Associates
For Defendants<br>1	: M/s.Iyer and Thomas
For Defendants<br>2,<br>3, 4<br>&	8<br>:<br>Mr.K.Newlin Fredrick

J UDGEMENT

As directed by this Court on 07.10.2021, the matter was referred to the Medication and Conciliation Centre and a mediation report dt.15.02.2022 has been placed along with Joint Memorandum of Compromise dated 03.02.2022 entered into between the plaintiff and the defendants 1, 2, 3, 4 & 8.

2. The Joint Memorandum of Compromise dated 03.02.2022 is taken on record and in terms of the said joint memorandum of compromise, this suit is partly decreed insofar as the defendants those who have signed joint https://hcservices.ecourts.gov.in/hcservices/

memorandum of compromise namely D1, D2, D3, D4 & D8 along with the plaintiff.

3. As no summons have been served on D5 to D7, learned counsel for the plaintiff is directed to serve fresh summons on D5 to D7 returnable by 23.03.2022.

Sd./- (P.V.J.,) 21.02.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.)

From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.